Marriage of Burkle

Ronald (defendant) and Janet Burkle (plaintiff) attempted reconciliation in 1997 after Janet initially filed for divorce, and entered a post-marital agreement settling financial issues should reconciliation fail: Ronald would manage their community property freely as if it were his own separate property, while Janet would receive financial support and a home maintaining her preferred lifestyle. The agreement expressly stated Janet wanted financial security and lifestyle maintenance while Ronald wanted freedom to pursue investments, both discussed the agreement with their own attorneys, both acknowledged neither obtained an unfair advantage, and both waived their fiduciary duties to each other. Reconciliation ultimately failed, and Janet filed for divorce in 2003, claiming the agreement was invalid because a presumption of undue influence arose from Ronald's advantage under it; the trial court disagreed and upheld the agreement, and Janet appealed.