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Question
Fiance owned a successful medical-device company before marriage. Three days before the wedding, Fiance presented Fiancee with a premarital agreement. The agreement stated that each spouse would keep all property titled in that spouse's name, that Fiancee waived any claim to alimony, and that neither spouse had to disclose financial information. Fiancee asked to postpone signing until she could speak with a lawyer. Fiance responded that the wedding would be canceled if she did not sign that day. Fiancee signed without counsel and without receiving a list of Fiance's assets.
Fifteen years later, Fiance filed for divorce. During the marriage, Fiancee worked without salary in the business for five years, then stayed home with the children. The business tripled in value. Fiancee has modest earning capacity and asks the court to divide marital property and award maintenance. Fiance asks the court to enforce the premarital agreement.
Discuss the arguments for and against enforcing the property and alimony provisions of the agreement and the likely consequences for property division and maintenance.