The parties entered into a prenuptial agreement ten days prior to their marriage. Neither party had legal counsel but had discussed the agreement for several months. The wife was "an individual with a high level of education and business acumen who, having twice married, understood the significance of the document she was about to sign and chose not to seek the advice of a lawyer." The agreement essentially provided that each party's property at the time of the marriage would remain his or her separate property. The agreement included a section entitled "Pension Benefits" in which each waived his or her right to the other's such benefits. In his financial disclosure, the husband listed various pension accounts but did not specify the pension he would receive from his employer. The trial court found that there was sufficient mention of pension benefits to avoid a finding of fraud, duress or coercion and the District Court affirmed:
"We first address whether the agreement was reached under duress, coercion or overreaching. The record before us presents the former wife as an individual with a high level of education and business acumen who, having twice married, understood the significance of the document she was about to sign and chose not to seek the advice of a lawyer. And, while the parties disagreed over the amount of time the former wife had to contemplate the agreement, we hold that a trial court does not abuse its discretion by declaring that a period of ten days prior to the marriage is sufficient time for one to exercise the opportunity to review the agreement, and, if one so chooses, to seek the advice of legal counsel."
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My opinion of this case is that it points out the high scrutiny courts have when addressing pre-nuptial agreements. If you don't follow very exact procedures, a pre-nuptial agreement can be set aside by a judge. If you considering a divorce in Ft. Myers, Florida and a pre-nuptial is involved, call my office for a free consultation.
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