Shraberg v. Shraberg

LAMBERT, Justice.

We granted discretionary review to consider the scope of trial court discretion with respect to holding separation agreements unconscionable pursuant to KRS 403.180(2). We must also consider whether or to what extent the trial court should attempt to “preserve” those provisions of the separation agreement which are not unconscionable while invalidating those which are offending.

In January of 1992, appellant and appellee, the parents of five minor children, commenced proceedings to terminate their seventeen-year marriage. Without advice of counsel, appellee, a psychiatrist,…