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Barbara Laudig and Robert Laudig Were Married in 1972

Question 98

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Barbara Laudig and Robert Laudig were married in 1972. In 1987, Mr. Laudig discovered that Mrs. Laudig was involved in an extramarital relationship. Mr. Laudig left their home, but returned later that year and agreed to stay if Mrs. Laudig would sign a postnuptial agreement. The agreement provided that Mrs. Laudig, in exchange for $10,000, would waive all rights to marital property if she had an extramarital affair anytime during the next 15 years. The agreement was signed by both parties in August 1987.
In December 1988, Mrs. Laudig renewed her relationship with her former paramour, and Mr. Laudig filed for divorce in May 1989. Mr. Laudig sought to enforce the postnuptial agreement and be awarded all the marital property. Mrs. Laudig objected on the grounds that their postnuptial agreement was against public policy. Who is correct and why?

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The court held that the agreement was va...

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