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Here is an excerpt of the Legal Analysis for

SIMEONE V. SIMEONE

581 A.2d 162 (1990)

LEGAL ANALYSIS: More courts are more willing to enforce prenuptial agreements if procedural fairness is present in the signing of the agreement and there is full disclosure. This means that the courts cannot take a look at the reasonableness of the bargains as they used to do.

 

The majority takes the straight and narrow contract interpretation of everyone being a big girl and boy. This result is harsh but it is what is called for under contract law. We disagree with just about everything in this case. The dissent has a valid point. We do not like this case because there is the requirement to deal in good faith and fairly in many contractual settings even in the common law. You see it in consumer contracts, employment contracts related to noncompete clauses and all types of other contracts that you have studied in contract law. Getting married is not a financial transaction and it requires a modicum of fairness and good faith. The parties are in a position of trust akin to a fiduciary duty. Here, the contract was sprung on W the night before wedding. If H were dealing fairly and in good faith, he would have discussed the issue weeks before and offered to pay for an attorney for W to review it and discuss it with her. Remember, W was an unemployed 23 year old nurse. For H’s then status in life, this contract was wholly inadequate under any standard of fairness particularly for a long marriage. The contract also gave H a strong incentive to leave the marriage if he was not happy because $25,000 was nothing to pay to get out. This is not a matter of investigating the reasonableness of the agreement it is a matter of investigating whether in fact H dealt fairly and in good faith with W. The clear answer to that question is NO! However, it appears from the agreement that this limits only alimony to be paid and does not deal with property divisions. A divorce court has strong powers of equity to set things right in a property division.

 

Ohio law is instructive as to why this case is as bad as it gets: It is well settled in Ohio that public policy allows the enforcement of prenuptial agreements. Gross v. Gross (1984), 11 Ohio St.3d 99,  11 OBR 400, 464 N.E.2d 500, "Such agreements are valid and enforceable (1) if they have been entered into freely without fraud, duress, coercion, or overreaching; (2) if there was full disclosure, or full knowledge and understanding of the nature, value and extent of the prospective spouse's property; and (3) if the terms do not promote or encourage divorce or profiteering by divorce." Id. The Gross court supplied the following basic standard for judicial review of an antenuptial agreement: "It must meet the general tests of fairness * * * and must be construed within the context that by virtue of their anticipated marital status, the parties are in a fiduciary relationship to one another. The parties must act in good faith, with a high degree of fairness and disclosure of all circumstances which materially bear on the antenuptial agreement." Id., 11 Ohio St.3d at 108, 11 OBR at 409, 464 N.E.2d at 509. See, also, Zimmie v. Zimmie (1984), 11 Ohio St.3d 94, 98, 11 OBR 396, 400, 464 N.E.2d 142, 146 (antenuptial agreements must meet minimum standards of good faith and fair dealing).

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