Fletcher v. Fletche

628 N.E.2d 1343 (1994)

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Nature of the Case

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Facts

H and W were married on April 29, 1983. One day before the wedding, the parties executed a prenuptial agreement. After seven years of marriage, H filed a complaint for divorce and enforcement of the prenuptial agreement. W's answer asserted that the agreement was obtained by fraud and duress and was therefore invalid. Conflicting testimony was offered about the circumstances of the preparation and execution of the agreement. H testified that he had discussed the agreement and its contents with W prior to its execution on April 28. W denied there had been any prior discussions. W denied reading the agreement, but Attorney Schweller testified that W had appeared to read the agreement before signing it. Attorney Winterhalter stated that he had explained to W her rights in a divorce when he was representing her in her prior dissolution. W denied this. W testified also that attorney Schweller told her at the signing that, in the event the marriage to H was terminated, whatever she and H accumulated together would be 'divided.' Schweller denied stating this. It was uncontroverted that attorney Schweller told W that she could have legal counsel and that she declined. Also, it was established that attorney Schweller did not fully delineate to W at the April 28 signing exactly what rights would accrue to her from the marriage and how the agreement would affect those rights. The trial court upheld the agreement. The court of appeals affirmed except as to the part of the judgment that denied spousal support, which it reversed, and remanded the cause for a determination of support. This appeal resulted.