Eyster v. Pechenik

The defendant, Jan A. Pechenik, drafted his own prenuptial agreement. His prospective wife, the plaintiff, Linda S. Eyster, signed the agreement shortly before their wedding. Neither of the parties, who had advanced degrees in biology, sought or received prior legal counsel. The agreement did not contain an explicit waiver of marital rights or demonstrate an understanding of those rights in the absence of the agreement. A judge of the Probate and Family Court found the agreement valid and the plaintiff’s appeal untimely. We reverse and remand.

1. Background. The following facts, found by the…