Marriage Of Porter

381 P.3d 873 (2016)

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Nature of the Case

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Facts

H and W were married for ten years and have four minor children, ages four to nine. At divorce, W was 42 and H was 57. H is well to do. W has advanced degrees in English and linguistics, which she earned from German universities before moving to the United States in July 2001 to do research and to teach at Portland State University. W testified that, in early December 2002, although the parties had not yet discussed marriage, H mentioned that he was going to have his attorney prepare a prenuptial agreement, in the event that they should decide to get married. W testified that she told H that she had never heard of a prenuptial agreement and that H explained to her that it is something people sign when they want to get married. No further conversations occurred, and suddenly H pulled up to a bank and said, 'We are going to the bank to sign the prenuptial agreement.' W was presented with three copies to sign. W had never seen the agreement before that date. W did not understand most of it. W believed that the document was 'rather insignificant,' because only a notary (and not a lawyer) was present. H had told her, the agreement was only to reassure him that, if the parties ever married, she was not marrying him for his money. H and W spent about five minutes at the bank. After the parties signed the agreement, they became engaged that night. Wife moved into husband's home in early March 2003, and they were married on April 19, 2003. W filed for divorce seeking a declaration that the agreement was unenforceable. The agreement is a 12-page single-spaced document that was prepared by H's attorney. It lists each party's assets, as well as recitals that each party has been fully informed of the nature of the agreement and has knowingly entered into the agreement. All property acquired during marriage would remain the separate property of each of them. Upon divorce or death, each party released and relinquished 'all claims to and rights in the Separate Property' of the other, and that 'neither party shall make any claim for alimony or spousal support from the other party.' The agreement stated that each party had ample opportunity to consult with independent legal counsel. The court ruled it had not been entered into voluntarily and it was unconscionable. The court awarded W spousal support and $612,047. H appealed.