Weber v. Weber

Twenty-seven days after marrying Weber (defendant), Moos (plaintiff) retained a divorce attorney who drafted a property-settlement agreement Weber signed without seeking his own counsel, transferring to Moos his premarital $70,000 condominium; Weber hired an attorney and moved to set aside the agreement the same day it was filed. After an initial remand to consider unconscionability, the district court found the agreement unconscionable -- one-sided, creating hardship for Weber, and unfair under the standard property-division guidelines -- and set it aside; Moos appealed.

Whether a property-settlement agreement between spouses may be set aside in its entirety when its results are unconscionable.