Hafner v. Hafner

295 N.W.2d 567, 1980 Minn. LEXIS 1656
CourtSupreme Court of Minnesota
DecidedJuly 3, 1980
Docket50783
StatusPublished
Cited by11 cases

This text of 295 N.W.2d 567 (Hafner v. Hafner) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hafner v. Hafner, 295 N.W.2d 567, 1980 Minn. LEXIS 1656 (Mich. 1980).

Opinions

SCOTT, Justice.

This is an appeal from a decision of the Second Judicial District Court which upheld the validity of an antenuptial agreement entered into between appellant Eleanor Hafner and respondent Donald Hafner. We affirm.

The Hafners were married on October 12, 1972, in Carson City, Nevada. They first met in late 1957 or early 1958 when appellant began working for Hafner’s Restaurant and Hillcrest Bowling.1 At the time, appellant was approximately 21 years old and married to her first husband, Don Adams, from whom she was divorced in 1962. Respondent was about 39 years of age and married to Valerie Hafner, his first wife; this marriage was dissolved on September 14, 1972.

Within one year of her employment at the restaurant and bowling alley, appellant began to date respondent and almost immediately thereafter they became intimate. [569]*569The parties eventually lived together for two years during 1964-65. The relationship was subject to many periods of separation allegedly caused by respondent’s “chasing” of other women and physical abuse of appellant. Approximately one year before the marriage, respondent proposed to appellant. On the same night, however, appellant discovered respondent bringing a “young girl” to his apartment and as a result the relationship was broken off for about five months. Appellant stated that upon resumption of the relationship respondent “talked marriage right away,” but she “didn’t trust him” and thus did not immediately agree to marry respondent. Finally, in late September 1972, about three weeks before the marriage, appellant accepted respondent’s proposal.

Around that time, respondent requested his attorney, Harold Shear, to draft an antenuptial agreement. Appellant claims that respondent first mentioned the agreement to her when the wedding date was set, which occurred about two weeks before the marriage and one week before the contract was signed. On that occasion, according to appellant, respondent told her that she was going to “sign Hafner’s away.” She testified that the matter was again brought up on October 5, 1972, when respondent informed her that they were going down to Shear’s office to sign the document. In regard to the parties’ discussion of the antenuptial contract, respondent testified as follows:

Q What conversation did you have with Elly about this document prior to the signing?
A Well, I told her that I was — if we were to get married, that I wanted Harold to prepare a document such as he did, and I gave her a couple of reasons.
Q What were those reasons?
A Well, one was I told her that in the event that we didn’t make it, I felt as though she hadn’t contributed in any way to what I owned, and another thing was that I felt as though that if something did happen to me, an accident, die, that Eleanor would not stay single, and I just felt as though I didn’t work — that my main interest in life, my work, was for my children. I felt as though they were entitled to everything that I had worked for.

Appellant signed the document in Shear’s office on October 5,1972, in the presence of Shear, respondent, and Marvin Lind, an attorney in the Shear law firm who was then acting in the capacity of a notary public. Appellant was not represented by counsel. The entire signing process took twenty to thirty minutes. Appellant stated that she does not recall reading the agreement. She claimed that Shear did not advise her to see another attorney, but she admitted that she was aware that Shear was representing respondent. Appellant also contended that Shear told her that the agreement only concerned Hafner’s (apparently the restaurant and bowling alley), and did not affect property acquired subsequent to the marriage. Further, she asserted that, at the time of the signing, she did not have knowledge of respondent’s property, except for his ownership of Hafner’s.

Shear stated that he advised appellant that she could consult her own attorney on the matter. He further testified:

Q You have indicated you informed her about her right to have counsel and advice in this regard?
A Um-hum.
Q What was her response to that?
A Well, her response was: I know what it is and everything is fine. It was, the conversation was first an introduction where I met her.
Q I’m going to get into that. I like to do it my own way.
A I’m sorry. She said I know. I shouldn’t say she said, I don’t know exactly what her words were. The tenor of the conversation was: I know what it is and this is fine.
* * * * * *
Q What questions did Mrs. Hafner ask you that you recall?
A None.
[570]*570Q She asked no questions whatsoever?
A Not to my knowledge. Not about the agreement.
Q What advice, if any, did you give her instruction about in this matter?
A I didn’t give her advice. I told her it was an antenuptial agreement. And I asked her did she understand it and was there any question in your mind or anything that had been represented generally, that’s what I said. She said no, that’s fine.
Q You did not seek to give her any legal advice?
A No.
Q What did you say to her in regard to obtaining legal advice before signing this document?
A Well, initially in the conversation, without remembering my exact words, you know, this is a legal document. And I don’t know exactly what I said. But I went through a, you know, you have to understand it, and you should have your own attorney. And if you wish to have an attorney, you can have one.
Q Do you recall specifically what response you got from Mrs. Hafner in this regard?
A Generally my recollection is: I know what it is. This is what we want. And it’s fine. Everything was — there was no real hesitation at all. She seemed to know and understand what it was and what she wanted to do when they walked in the door.

Shear conceded that he did not discuss with appellant the provisions of the Minnesota Probate Code and the rights she would have thereunder in the absence of a valid ante-nuptial agreement. Respondent testified that Shear told appellant she could consult her own attorney if she so desired. Also, according to respondent, at the signing appellant, Shear, and respondent were given copies of the agreement and all read the document.

The language of the agreement entered into by the parties provides as follows:

WHEREAS, Donald S.

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Hafner v. Hafner
295 N.W.2d 567 (Supreme Court of Minnesota, 1980)

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Bluebook (online)
295 N.W.2d 567, 1980 Minn. LEXIS 1656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hafner-v-hafner-minn-1980.