Marsh v. Marsh
Texas Court of Appeals
949 S.W.2d 734 (1997)
- Written by Whitney Kamerzel , JD
Facts
William Marsh (Bill) (defendant) and Juanita Marsh (plaintiff) signed a premarital agreement on the morning of their wedding day. Both Bill and Juanita had been previously married, and Juanita, having spent her finances on taking care of her sick, deceased husband, agreed to marry Bill only if he financially provided for her. Juanita’s attorney prepared the agreement. The agreement provided that Bill would give Juanita one-half of all his assets as her separate property within 30 days of their marriage. Bill also signed a release stating that he was signing the premarital agreement freely, with informed consent, that it was not procured through threats, fraud, duress, or overreaching, and that Bill had been advised to hire his own lawyer but had refused to do so. Bill even met with Juanita’s lawyer several times to discuss and edit the agreement. Bill paid some money to Juanita, but thereafter refused to make payments. Although neither party filed for a divorce, Juanita filed suit to enforce the agreement. The trial court upheld the agreement. Bill appealed, arguing the agreement was unenforceable because it was unconscionable.
Rule of Law
Issue
Holding and Reasoning (Anderson, J.)
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