Cases involving family law issues can be very complicated, and there are some situations where the decisions made in family court may be challenged by one of the parties involved. During an appeal, a person may argue that errors were made during the original case and that the decisions were based on an incorrect interpretation of the law. Appeals are usually only needed in extraordinary circumstances, but they may be necessary to ensure that a person is treated fairly.
Not all appeals are successful, and unfortunately, appellate court judges sometimes make decisions that may be viewed as unfair and unjust by those who were involved in a case. Attorney Amanda Oliver recently represented a client in an appeal involving the enforceability of a postnuptial agreement, and while the court ruled against her client, the case illustrates some of the issues that may be addressed when these types of matters are contested. The case in question involved a high net worth divorce, in which the wife wished to leave a marriage with a husband that she claimed was emotionally abusive. The husband convinced the wife to sign a one-sided postnuptial agreement, and after the wife filed for divorce, the husband took action to enforce this agreement. The wife argued that the agreement should not be enforceable because it was unconscionable, or grossly unfair. However, the trial court ruled against the wife and upheld the terms of the agreement.
The wife made multiple arguments detailing why the agreement was unfair, including that it provided her with only a small fraction of the couple’s marital estate. Under the agreement, the wife received a property settlement in return for waiving a claim to spousal maintenance, and while the husband kept the couple’s marital home, the wife received several hundred thousand dollars that could be used to purchase a new residence. However, the husband ended up keeping the majority of other assets, including real estate investment properties, retirement accounts, vehicles, cash funds, and investment accounts.
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