Marriage Of Dawley

551 P.2d 323 (1976)

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Nature of the Case

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Facts

W, a tenured elementary school teacher, and H, an engineer, met in 1961 and maintained an intimate relationship. W discovered that she was pregnant. W feared a nonmarital pregnancy would result in her losing her teaching job. Both agreed to a temporary marriage as a solution to their dilemma. H insisted on an antenuptial agreement to protect his property and earnings from W's claims; she insisted that he agree to support Carolyn, her daughter from a previous relationship, and herself for the period of her pregnancy and thereafter until she could resume teaching duties. James' attorney drafted the agreement. W reviewed the contract with her attorney and accepted its provisions. They signed the agreement on June 11, 1964, and married two days later. The agreement was that all property, including earnings, belonging to either spouse at the commencement of marriage or acquired by him through purchase, gift or inheritance during marriage would be owned by that spouse as his separate property. Each disclaimed all rights, including community property rights, in the property of the other spouse. H agreed to support W and Carolyn for the minimum period of fourteen calendar months following the marriage. H agreed to support any child born in the next ten months until the child reached majority. Lisa was born in January of 1965. The 14-month period expired, and W resumed her teaching duties. H and W continued to live together until July of 1972. In April of 1973, H filed for dissolution of the marriage. W got spousal support of $1 per year, custody of Lisa with support of $300 per month, and $1,000 in attorney's fees. The court found no community property subject to division in the dissolution action pursuant to the agreement. W appealed.