Weber v. Weber

SANDSTROM, Justice.

In reviewing a renounced property settlement stipulation giving substantial property of the husband to the wife after a one-month marriage, the district court limited its review to the contractual capacity of the parties, and to whether the contract was entered freely and knowingly, without fraud, duress, menace or undue influence, or genuine mistake of fact or law. Concluding the district court should have considered whether the stipulated settlement was unconscionable, we reverse and remand.

I

Ruby Moos and Herbert Weber were married on September 13, 1995. On October 10,…