Problem on married couples premarital agreement


Problem: Marsh v. Marsh, 949 S.W. 2d734 (Tex.App.1997). This case was about whether a married couple's premarital agreement would meet the two-prong test for unconscionable. Bill and Juanita Marsh entered into a premarital agreement with Bill allocating a large amount of his assets to Juanita. Bill later sued Juanita stating that the premarital agreement was not enforceable due it being unconscionable. The trail court determined that Bill did not provide the burden of proof the agreement was unconscionable. The plaintiff, in turn, appealed to the Texas Appellate Court. After reviewing the case, the Appellate Court determined that Bill could not provide the burden of proof that Juanita had taken advantage of him. The court referred to a public policy of the Texas legislature "that premarital agreements should be enforced." Beck v. Beck, 814 S.W.2d 745, 749 (Tax. 1991). Bill testified to the fact that he was not under duress or that he was forced to sign the premarital agreement. Bill stated that he entered the agreement with Juanita freely and knowingly and he refused to seek council from an attorney before signing the agreement. The court found no proof that the premarital agreement was unconscionable. Garrett v. Janiewski, 480 So. 2d

 

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Business Law and Ethics: Problem on married couples premarital agreement
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