Bobbi and Michael were engaged to be married. The rehearsal dinner was a blast and there were many, many Champagne toasts to the couple. Bobbi and Michael were pretty tipsy from the Champagne, as were many of the bridal party. Just after the rehearsal dinner, Bobbi said to Michael that she wanted a prenuptial. The terms that Bobbie wanted were that, upon divorce, any assets acquired during the marriage would be owned 100% by the party that acquire asset during the marriage and that each party would retain 100% of his/her assets owned at the time the prenuptial agreement was signed. Michael, desperately wanting to marry Bobbi, said “I will do anything necessary to marry you my love.” Bobbi wanted to be really, really certain that the agreement would never get lost. So, she and Michael went to the tattoo parlor and they each had the terms of the agreement tattooed on their backs. Bobbi’s and Michael’s names were tattooed in a heart on their left arms. About one month into the marriage, Michael said that he wanted out of the marriage. Bobbi was devastated, but she thought she would be fine because they had the prenuptial agreement. When the divorce proceedings began, Bobbi discovered that Michael had won the lottery with a ticket he had purchased the day after the wedding and had $100 million stashed away in his personal bank account. Michael refused to give Bobbi any of the $100 million saying that there was a valid and enforceable prenuptial agreement. Bobbi wants to have the prenuptial agreement declared void and/or unenforceable. Write an essay analyzing Bobbi’s chances of success. In doing so, be sure to:
1) Identify and define each and every element of a valid and enforceable contract.
2) Explain, factually, why or why not there is evidence to support each and every element of a valid and enforceable contract.
3) Reach a logical and well-supported conclusion as to the validity of the contract.
4) Reach a logical and well-supported conclusion as to the enforceability of the contract.