Bailey v. Bailey

HOWELL, Chief Judge:

Linda M. Bailey appeals from the special referee’s dismissal of her action for lack of subject matter jurisdiction. We remand.

I

Linda and Thomas Bailey were to be married on September 7, 1985. On September 6, 1985, the parties consulted an attorney, asking him to draft an antenuptial agreement to be entered into prior to their wedding. The attorney informed them that, because of the time constraints, he could not draft the agreement before the wedding. The attorney instead suggested that the Baileys return after the wedding and enter into a post-nuptial agreement, which the…