Burkle v. Burkle

Opinion

BOLAND, J.

SUMMARY

The issue in this case is the enforceability of a postmarital agreement. We affirm the trial court’s order finding the agreement valid and enforceable. Our conclusions are:

—A presumption of undue influence does not arise in an interspousal transaction unless one spouse obtains an unfair advantage or obtains property for which no or clearly inadequate consideration has been given. The presumption does not apply to a postmarital agreement in which both spouses obtain advantages; both are represented by independent and competent legal counsel; the wife is offered full…