In Re the Marriage of Adams

729 P.2d 1151, 240 Kan. 315, 1986 Kan. LEXIS 454
CourtSupreme Court of Kansas
DecidedDecember 5, 1986
Docket58,759
StatusPublished
Cited by12 cases

This text of 729 P.2d 1151 (In Re the Marriage of Adams) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Adams, 729 P.2d 1151, 240 Kan. 315, 1986 Kan. LEXIS 454 (kan 1986).

Opinions

The opinion of the court was delivered by

[316]*316Holmes, J.:

Sandra Sue Dublin Adams (Sandra) appeals from a decision in a divorce proceeding upholding the validity of an antenuptial agreement between her and her husband, Raymond E. Adams, Jr. (Raymond). Appellant asserts the agreement is invalid and seeks a new trial on the issues of alimony (maintenance) and division of property.

The trial court, in its memorandum opinion, stated the facts as follows:

“Respondent, Sandra Sue Dublin Adams, 49, and petitioner, Raymond E. Adams, Jr., 53, were married in Maple Hill, Kansas, on December 18, 1976. The parties signed an antenuptial agreement on December 18, 1976, during the hour preceding the wedding ceremony. The agreement was signed at the petitioner’s ranch office near the home where the wedding ceremony was held.
“Prior to their courtship respondent and petitioner and their respective spouses were acquainted for some period of time. Respondent knew in a general way the substantial nature of the petitioner’s holdings which he acquired by way of inheritance from his parents and by his own business and cattle ranching endeavors.
“Respondent, a talented and experienced real estate agent, though self-sufficient, held no significant interests or holdings of financial value and was supporting her children from her previous marriage.
“Early on in the courtship, in August of 1976, the petitioner made it clear to respondent that he would not remarry anyone unless they signed an antenuptial agreement, stating that he wished to protect his children from his previous marriage. This upset the respondent, and she advised petitioner that she did not like such agreements and did not want to sign one.
“The parties continued to see each other and in October, 1976, set their wedding date for December 18, 1976. The wedding arrangements progressed quite well; respondent traveled to Kansas City on October 9, 1976, and picked out wedding rings. Arrangements for her children’s schooling were made; respondent terminated her business affairs in New Mexico and moved to Kansas around December 11, 1976, and professional packers assisted in the move. Caterers were hired, wedding clothes were selected, invitations were sent, a special cake was ordered, the honeymoon arranged; truly the wedding was fully and carefully planned, ready to proceed . . . meanwhile legal arrangements were not proceeding so proficiently.
“On December 7, 1976, prior to respondent’s move to Kansas, she received a telephone call from the petitioner who indicated he was calling from his attorney’s office in Wichita, Kansas and that he was having the attorney draft an antenuptial agreement. Respondent voiced her objection to signing any agreement. Petitioner indicated that the agreement would be sent to respondent’s attorney in New Mexico. Respondent contacted her attorney in New Mexico advising him of the situation and consulting with him. The New Mexico attorney had already been contacted by petitioner’s Kansas attorney.
“Subsequently, petitioner traveled to New Mexico and he and respondent met with respondent’s attorney. Petitioner was advised respondent did not accept the [317]*317agreement. Petitioner and respondent did not discuss the matter any further at that time. Respondent left for Kansas to live with her prospective mother-in-law prior to the wedding but before doing so contacted her attorney and asked him to draft her version of an antenuptial agreement for the parties indicating that she objected to antenuptial agreements but would sign one. He was to send a draft to her and the petitioner.
“Respondent arrived in Kansas one week before the wedding, stayed at her prospective mother-in-law’s home and finalized the wedding arrangements. The subject of antenuptial agreement was not brought up again between the parties until the wedding day.
“On that day, within one hour from the time that the wedding was to commence, petitioner arrived at his mother’s home where respondent was staying and getting dressed for the wedding. He asked her to accompany him to his office, a short distance away, to sign an antenuptial agreement and he indicated once again that unless there was an agreement there would be no wedding. Respondent was upset, but accompanied petitioner to his office. She examined and freely and voluntarily executed the antenuptial agreement along with the petitioner in the presence of a witness.
“Respondent signed the agreement, although she opposed the whole idea of the agreement in itself, and possibly some of the terms thereof.
“The agreement signed was a copy of the initial agreement proposed by the petitioner but initially rejected by the respondent which was the only document available at the time. Each party knew and understood the contents of the agreement and believed it was binding upon them and the marriage at the time it was signed. Each party had undergone a prior divorce and understood the legal significance of the document. Each party had prior business experience and was astute in financial dealings.
“The consequence of not signing the agreement was clear to the parties, first as to how marriage affected their property rights and secondly the consequence that if it was not signed, petitioner’s obvious and long known position that there would be no wedding would come true.
“The wedding was held, and the couple left for a short honeymoon. Respondent’s proposed antenuptial agreement, prepared by her attorney in New Mexico, arrived in the mail shortly thereafter. It was generally similar to the one executed by the parties prior to the marriage.”

The facts recited by the trial court are, for the most part, supported by substantial competent evidence. The court then went on to state:

“After careful consideration of the evidence and particularly the circumstances of the parties at the time of the making of the agreement and its provisions, the court finds that the agreement should be upheld and enforced.
“The court finds that the agreement was fairly and understandably made. Respondent knew generally of the nature and extent of the petitioner’s wealth. Considering her situation at the time of the marriage, the agreement which she made guaranteed her lifelong security and comfort. Through her, this extended to the children she supported. The agreement also protected the inheritance of the petitioner’s children.
[318]*318“The court further finds that there is no evidence to substantiate a claim of fraud and overreaching. Petitioner’s good faith is evidenced further by his voluntarily purchasing one million dollars of life insurance payable to the respondent after the marriage and his voluntary financing of her children’s support and higher education.
“The court further finds the agreement was not void as to public policy and did not encourage separation. Their situation was such that, each being married before with children from those marriages, an antenuptial agreement was appropriate to protect all parties’ interests. The terms of the agreement are such that each party had something to lose should the parties separate.

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In Re the Marriage of Adams
729 P.2d 1151 (Supreme Court of Kansas, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
729 P.2d 1151, 240 Kan. 315, 1986 Kan. LEXIS 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-adams-kan-1986.