Tschider v. Tschider

Citations

• 2019 ND 112
• 926 N.W.2d 126

Syllabus

A premarital agreement may be unenforceable if it is unconscionable at the time of execution, at the time of separation or marital dissolution, or at the time of enforcement. Whether a premarital agreement is unconscionable presents a question of law, but it turns on factual findings related to the relative property values, the parties' financial circumstances, and their ongoing need. A premarital agreement is a contract, and its interpretation is a question of law, which is reviewed de novo on the entire record on appeal. A district court's decisions regarding the division of marital property are treated as findings of fact and may be reversed on appeal if these findings are clearly erroneous. The district court has broad discretion to award attorney fees in divorce proceedings.