Charlottesville Divorce Lawyer Rob Hagy

Spousal Support Waiver in PreNup Ruled Invalid

In the case of Lane v. Lane, the Kentucky Supreme Court ruled that a provision of an antenuptial (premarital) agreement waiving spousal support was unconscionable and, therefore, not enforceable. This was the first time either party had been married.  They were very young when they married, had two children, and wife quit her job to allow her husband to concentrate on his career.  At the time of marriage, the husband made significantly more than the wife.  Since husband was able to concentrate on his career, he advanced rapidly at work and made even more money.  At the time of the divorce, the disparity had widened by leaps and bounds.

Oral Property Settlement Agreement Invalid Where Husband Insists Terms "Subject to" Entering Written Agreement

In the case of Bryant v. McDougal, the Virginia Court of Appeals ruled that the trial court erred in ruling that a husband entered into a valid and binding property settlement agreement with his wife, and in incorporating the terms of the purported agreement into the parties' final decree of divorce.  The Virginia Court of Appeals ruled this was the case even though the husband had affirmed before a court reporter the terms of an oral property agreement he had negotiated with his wife's attorney at her attorney's office.  Even though the husband made the affirmation, he also twice stated on the record in open court that his assent was "subject to" the terms of the oral agreement being set forth in a written agreement.

Specific Request for Spousal Support Required

In the case of Harrell v. Harrell, the Virginia Supreme Court ruled that a wife failed to make a specific request for spousal support in any of her pleadings in the case which would permit the trial court to grant her request seeking to reserve the right to seek spousal support after the divorce decree was entered in the case.

Analysis:  This case is significant because it highlights the importance of specifically stating a request for relief in one's pleadings in a divorce case.  In this case, the wife filed a bill of complaint which was dismissed because it was filed a few days before the anniversary of the parties' one year separation.  She did request spousal support in this pleading, but it was dismissed.  She filed an amended bill of complaint without seeking the court's permission (as is required by the rules governing such matters in Virginia).  This prevented the court from considering this pleading.  She then filed a motion for relief asking that her prior pleadings be deemed sufficient to reserve support.  But, did not specifically request spousal support as is required by Virginia law.

Single Act of Great Cruelty Sufficient to Grant Divorce

In the case of Kennedy v. Kennedy, the Virginia Court of Appeals ruled that a husband's single act of physical violence against wife constituted cruelty.  Husband picked up wife and threw her across the bed, injuring her neck, her shoulder, and fracturing her jaw.

Noncustodial Father Cannot Petition for Voluntary Relinquishment and Termination of his Parental Rights

In the case of Cartwright v. Cartwright, the Virginia Court of Appeals ruled that a noncustodial father did not have any right pursuant to Virginia law to petition for voluntary relinquishment and termination of his parental rights.