Wills v Wills 853 SE 2d 536 – Postnuptial Agreements

This case is about postnuptial agreements and its enforceability. In Utah postnuptial agreements can be done and enforced. For a free consultation please call 801-475-0123 and sit down with one of our experienced attorneys in our Salt Lake City or Ogden office. This post in no way creates an attorney/client relationship or is legal advice. This is posted for educational purposes only.
72 Va.App. 743
Court of Appeals of Virginia.
W. Neil WILLS
v.
Lisa J. WILLS
Lisa J. Wills
v.
W. Neil Wills
Record No. 0117-20-4, Record No. 0144-20-4
FEBRUARY 9, 2021
Background: Divorce proceeding was commenced. The Arlington Circuit Court, Daniel S. Fiore, J., entered final order awarding husband a divorce and addressing matters of equitable distribution, spousal support, child custody, and child support. Husband appealed, and wife cross-appealed.

Holdings: The Court of Appeals, Beales, J., held that:
1 postnuptial agreement was not a separation agreement which could be abrogated by reconciliation;
2 as a matter of first impression, postnuptial agreement was not a property settlement agreement which could be abrogated by reconciliation;
3 retroactive child support was not an “arrearage,” and thus award of prejudgment interest was not warranted; and
4 evidence was sufficient to support finding that wife did not sign postnuptial agreement under duress.
HIGHLIGHTS
Provision of “Marital agreements” statute stating that a “reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement” applies only to separation and property settlement agreements.
Postnuptial agreement, while a “marital agreement,” as an agreement between married people settling their rights and obligations, was not a “separation agreement” within meaning of marital agreements statute providing that a reconciliation of the parties after the signing of a separation agreement shall abrogate such agreement, as the terms of the agreement anticipated a continuing marriage, including requiring the husband to make yearly payments to wife during the marriage; while the agreement addressed the parties’ rights and obligations in the event of a divorce or separation, those potential events were treated as contingencies, rather than imminent likelihoods.
Postnuptial agreement was not a “property settlement agreement” within meaning of marital agreements statute providing that a reconciliation of the parties after the signing of a property settlement agreement shall abrogate such agreement, where agreement was signed less than a month after the parties were married with the intent that their marriage continue, agreement was intended to provide the parties with the same rights and obligations as a premarital agreement, and agreement was not made in connection with the dissolution of the marriage or a separation

Written by Arnold Wadsworth Coggins

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