Barbara Ann Stewart v. James Edward Stewart

Divorce: prenuptial agreement: overreaching

CSA No. 0249, Sept. Term 2011. Opinion by Krauser, C.J. Filed Oct. 3, 2013. Reported. Appeal from Charles County. Affirmed.

Given the wife’s knowledge of her husband’s financial condition before marriage, a prenuptial agreement that omitted one asset and did not specify the value of the listed assets nevertheless satisfied the substantive prong of the “overreaching” test; and, even assuming it did not, the agreement would pass the procedural prong because the benefit to the wife was commensurate with what she relinquished and she entered the agreement “freely and understandingly.”

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