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In re Marriage of Thornhill

Colorado Court of Appeals
200 P.3d 1083 (Colo. Ct. App. 2008)


Facts

Antoinette Thornhill and Chuck Thornhill were married. Chuck owned 70.5 percent of an oil-and-gas-equipment business. Antoinette’s father was the chief financial officer (CFO) of the business. Subsequently, Chuck and Antoinette signed a separation agreement. Antoinette was not represented by counsel, but her father helped her negotiate the agreement. Antoinette lacked any independent financial expertise or knowledge of Chuck’s business. The separation agreement provided that Chuck would pay Antoinette half of the value of his share of the business, which amounted to $752,692, over a period of 10 years. The agreement did not provide for interest payments. By the time the Thornhills sought to finalize the divorce, Antoinette had disavowed the separation agreement, arguing that the agreement was unfair. The trial court upheld the agreement. Antoinette appealed.

Rule of Law

Issue

Holding and Reasoning (Terry, J.)

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