Sailer v. Sailer

2009 ND 73, 764 N.W.2d 445 (2009)

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Sailer v. Sailer

North Dakota Supreme Court
2009 ND 73, 764 N.W.2d 445 (2009)

Facts

Sandra Sailer (defendant) and Curtis Sailer (plaintiff) signed a prenuptial agreement on May 13, 1993, and married on May 29, 1993. In October 2006, Sandra took the children and relocated to another home. On November 13, 2006, Curtis filed for divorce. The district court found the prenuptial agreement was not so one-sided as to be unconscionable. The district court awarded Curtis physical custody of the children and awarded both Curtis and Sandra legal custody of the children. The district court also found Curtis did not waive the express provisions of the prenuptial agreement by supporting the family with his income. Sandra appealed to the North Dakota Supreme Court, arguing that because the enforcement of the prenuptial agreement would likely cause her to seek public assistance, she was entitled to spousal support under N.D.C.C. Section 14-03.

Rule of Law

Issue

Holding and Reasoning (Kapsner, J.)

Dissent (Maring, J.)

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