US: Appeals court casts doubt on future of marriage agreements [case involves Cayman Islands]
As found by the district court, husband “used the wedding deadline to create an atmosphere of pressure that resulted in the [wife] not having an adequate opportunity to negotiate any of the terms of the premarital agreement.” And the record shows that husband did so even though he had spent a month communicating with his lawyer and revising the agreement before presenting it to wife. The findings of fact supporting the district court’s determination that wife was subject to coercion and duress are supported by the record.
Certainly, the fact that wife was advised of her rights by a lawyer (even if not her preferred lawyer) weighs in favor of validity of the agreement. However, the issue of unfair influence or duress is also relevant, and the district court’s findings touching on that issue are supported by the record. Under Kinney’s multifactor procedural-fairness test, we are not left with the firm and definite conviction that the district court erred. And because a lack of procedural fairness is fatal to the validity of the agreement, we affirm the district court’s decision invalidating the antenuptial agreement.
Published January 9, 2017
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