Reference no: EM132302417
For almost three years, Robbie and Michelle lived together as a couple on a farm in Fulda, Minnesota. Robbie owned and operated a farming enterprise. Michelle had three children from a previous marriage. Robbie told Michelle that he would require an antenuptial agreement if they ever married. Michelle was ambivalent about such an agreement, and the parties did not discuss or negotiate any terms.
In August 2010, Robbie and Michelle decided to marry. They scheduled a destination wedding in the Cayman Islands for March 2011.
As the wedding approached, and without telling Michelle, Robbie contacted an attorney to prepare an antenuptial agreement. Robbie had a minimum of six contacts with the attorney over the course of at least a month. Without Michelle’s knowledge, he furnished the attorney with copies of her tax returns.
On February 26, 2011, at his attorney’s office, Robbie signed the antenuptial agreement (“the Agreement”). Later that day, he presented the Agreement to Michelle. Robbie made clear that if Michelle did not sign the Agreement, the wedding was off. The couple was scheduled to leave for the Cayman Islands just three days later. Family members had paid for their lodging and airfare to the destination, and some were already en route.
After being presented with the Agreement, Michelle attempted unsuccessfully to meet with the attorney who represented her in a previous divorce. On February 28, she met with a different attorney with whom she had no experience. The attorney explained the terms of the Agreement, her rights under the law, and the potential impact of the Agreement upon dissolution of the marriage or Robbie’s death. Due to the short time prior to leaving for the wedding, and the one hour preliminary appointment with the attorney, there was no time to go into all of the details and the consequences of the agreement. After receiving that short legal advice, Michelle signed the Agreement. The next day, the couple left for the Cayman Islands to be married.
The Agreement specified that, upon dissolution, “[e]ach party shall retain his or her Property free of any right or claim of the other.” Under the Agreement, “[a]ny assets acquired during the marriage ... [would be] divided between the parties in proportion to the monetary consideration provided by each.” Under the Agreement, both parties surrendered their rights to “alimony or maintenance.” The parties certified that they had been advised of their rights and of the nature and probable value of each other’s property.
The marriage did not endure. In 2018, Michelle petitioned for dissolution and moved to set aside the Agreement.
Please use the IRAC (I = Issue, R = Rule, A = Analysis, C = Conclusion) in your answer