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Family Law Keyed to Weisberg
In re Marriage of Shanks
Citation:758 N.W.2d 506 (Iowa 2008)
Randall is an attorney. Teresa holds an associate degree in court reporting and works as an office manager in Randall’s law office. and Teresa were married on April 23, 1998. This was both parties second marriage. While contemplating marriage, Randall suggested they enter into a premarital agreement and Teresa agreed. Randall presented a premarital agreement to Teresa 10 days before the wedding and advised Teresa seek independent counsel multiple times, during draft changes. Teresa did seek advice from an out-of-state attorney (who also told her to ask for help from an in-state attorney), but refused to seek in-state independent counsel. Randall attached to the agreement separate schedules listing each of the parties assets. Teresa and Randall both signed the premarital agreement. Six years later, when the marriage ended, Randall sought, and Teresa opposed, enforcement of the premarital agreement.
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