Sailer v. Sailer

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

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 810,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 810,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 810,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Family Law

Key Terms