Premarital Agreement From Other State in AZ | Hildebrand Law, PC

Fri 15th Jul, 2016 Prenuptial Agreements

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The Validity of Premarital Agreements

Arizona law, like that of most states, permits couples to enter into premarital agreements about their finances.

In Arizona, an agreement is valid as long as both spouses enter into it voluntarily and with full financial disclosure. If that is not the case, the agreement will not be enforced in Arizona.

So, does Arizona law apply to a premarital agreement when a couple marries in Arizona but moves elsewhere immediately? In Estate of Knipple v. Marshall & Ilsley Bank, 96 N.W.2d 514 (1959), the Wisconsin Supreme Court reviewed this issue.

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Facts of the Case

Mr. Knipple and Mrs. Knipple married in Arizona, the state where wife lived. Soon after, they moved to Wisconsin, the state where the husband lived and stayed there until his death.

Before the couple married, they signed a premarital agreement in Arizona prepared by the husband. Under this agreement, the wife was to receive a one-third life estate in the husband’s estate when he died.

The husband did not disclose to her anything about his finances before she signed the agreement. In fact, he misinformed her about the result of signing it.

He said that if she didn’t, his children from an earlier marriage would receive more and she would receive less.

The wife saw the agreement 20 minutes before she was asked to sign it. She did not have a chance to get it reviewed by an attorney.

When the husband died, his will went to probate in Wisconsin.

The wife asserted that the premarital agreement was invalid since the husband did not give full disclosure. The trial court ruled against Mrs. Knipple, upholding the agreement. This appeal followed.

The Validity of the Premarital Agreement – Arizona or Wisconsin Law?

The Wisconsin Supreme Court questioned whether Arizona or Wisconsin law applied to determine the validity of the premarital agreement.

The Court noted that different courts have different opinions about what law to use to determine the validity of premarital agreements.

Some use the law of the state where the agreement was made. Others use the law of the state where the couple first lived. It reviewed different approaches.

The Court concluded it was not required it to apply Arizona law to judge the validity of the Knippel agreement. It ruled that it should apply an “intention of the parties” rule.

Alternatively, it could look to whichever state had the most contacts with the situation. Under either test, the Court found, it should apply Wisconsin law.

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Applying Wisconsin Law

The Court reviewed cases regarding a husband’s duty to disclose his finances before his wife signs a prenuptial agreement.

In the present case, it was acknowledged that there was no disclosure. However, the Court ruled that the lack of disclosure was irrelevant.

Since the Wife agreed to take one-third of the estate, the bigger the estate, the more she would get.

Next, the Court determined that the husband’s misrepresentation was not necessarily fraudulent. It said that Mrs. Knipple was a “highly interested witness” and that the trial court may have disbelieved her testimony.

Conclusion

The Wisconsin Supreme Court affirmed the lower court ruling. It upheld the validity of the prenuptial agreement under Wisconsin law.

If you need information about enforcement of a premarital agreement from another state in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce attorneys have decades of combined experience successfully representing clients in divorce cases in Arizona.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce case around today.

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