In re Marriage of Davis
Oregon Court of Appeals
193 Or. App. 279 (2004)
Martin Davis (plaintiff) filed for divorce after a 17-year marriage marked by domestic violence he committed against Maria Davis (defendant), who was then diagnosed with depression, PTSD, and battered woman's syndrome. Maria said fear of Martin left her unable to think straight, even as she hoped to save the marriage. At a property settlement conference, Martin verbally assaulted her and said they'd never reconcile; Maria then 'shut down' and told her attorney to give Martin whatever he wanted, including major stock options and a stake in a software company. A month later, Maria moved to set aside the agreement, claiming she was incompetent when she signed it. The trial court found the deal grossly one-sided but refused to set it aside, ruling for Martin.
Whether, under the cognitive test, a person is mentally competent to sign a property settlement agreement if she has the capacity to understand the nature of the act and to appreciate its consequences.