Justice Leonard Steinman
Husband EC filed for divorce from wife LC seeking to incorporate marital separation agreement into a judgment of divorce. LC argued the agreement should be disregarded on the grounds of abandonment, and that she was induced by fraud and the agreement was the product of overreaching. She demanded equitable distribution, maintenance and child support. LC's motion was denied and a hearing on the validity of the agreement was ordered. The court stated the agreement was drafted by wife from a form found on the internet and presented to husband, who made and requested no changes to it. The court found the facts showed the parties did not abandon the agreement noting after its execution they proceeded to live separate lives, including wife moving out of the marital bedroom, and filing separate tax returns. It also stated there was no evidence to establish circumstances surrounding the execution of the agreement were inequitable, noting wife's waiver of maintenance did not give rise to any inference of overreaching. Also, wife's argument the parties did not intend to be bound by the agreement as written was belied by its unambiguous terms. It found LC failed to sustain her burden of establishing the alleged grounds, finding the agreement valid and enforceable.
