1. "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."
2. "We next address whether
the former husband's failure to specifically disclose his airline pension plan
constitutes fraud, deceit, or misrepresentation. The agreement specifically
provided that each party shall retain as separate property all retirement
accounts and property listed on the attached schedules."
3. "Additionally, the
agreement included a provision specifically addressing pension benefits under
its own section heading. The former husband's schedule of property referenced "Retirement Plans (Keogh, 401(k), etc)" and
specifically listed the former husband's 401(k) plan through his employer; however,
no mention was made of the airline pension plan of which the former husband was
a beneficiary."
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