In re Marriage of Shanks

Randall Shanks (plaintiff), an attorney, made signing a prenuptial agreement a condition of marrying Teresa Shanks (defendant), a college graduate who had worked in his law office; both had children from prior marriages. Randall drafted and presented the agreement 10 days before their April 1998 wedding, recommending Teresa get independent legal advice. The agreement aimed to preserve each spouse's financial position as of the marriage date — favoring Randall given his greater wealth, but still giving Teresa some benefits, like a share of house-sale proceeds and an interest in his life insurance and law practice if he died — fully disclosed both parties' finances, and waived Teresa's right to alimony. Teresa had a Nebraska attorney review it (who recommended she also get Iowa counsel, which she didn't) and signed it five days before the wedding. Six years later the couple divorced; Randall sought to enforce the agreement, Teresa opposed it, and the trial court ruled for Teresa. Randall appealed.