Owens v. Owens

MILLS, Judge.

Conrad appeals from a dissolution of marriage judgment awarding attorney’s fees to Vicki. He contends the trial court abused its discretion by rejecting that section of the parties’ post-nuptial settlement agreement which provided each would pay his or her own attorney’s fees, in light of the fact, the agreement was untainted by fraud, duress, or overreaching by either spouse. We agree and reverse.

From a comparative reading of the Owens’ agreement and the final judgment, it appears the trial court rejected the agreement as it concerned child care and custody, pursuant to its wide…