Lugg v. Lugg
64 A.3d 1109
| Pa. Super. Ct. | 2013Background
- Marriage of Lugg; three minor children; postnuptial agreement contemplated amid divorce negotiations in 2010.
- Wife prepared and proposed terms; discussions continued with counsel; final draft prepared by family firm.
- On December 30, 2010, Wife signed the postnuptial agreement after over one hour of review and signing with Husband present.
- Wife also signed a deed to the marital residence; two vehicle titles were transferred to Wife; Husband gave $10,000 then $10,000 again.
- Husband filed for divorce January 2011; Wife sought child support; trial court granted enforcement of the postnuptial agreement.
- Lugg counter-moved to invalidate the agreement; trial court denied; appellate courtAffirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver of full financial disclosure in a post-nuptial is valid | Lugg argues lack of full disclosure invalidates the agreement | Waiver of disclosure is allowed if voluntary and in writing; pre- and post-nuptial standards align | Waiver of disclosure valid; no fraud or misrepresentation shown |
| Whether signing was under duress so as to invalidate the agreement | Daily pressure and hours of coercive negotiations constituted duress | No duress; there was no threat or coercive force; counsel contact possible | No duress established; contract enforceable |
| Whether alleged counsel misconduct or conspiracy invalidates the agreement | Paralegal and family firm involvement violated professional rules | No ethical breach proven; no remedy shown | No misconduct shown; no basis to invalidate the agreement |
Key Cases Cited
- Stoner v. Stoner, 819 A.2d 529 (Pa. 2003) (waiver of economic disclosure permissible in prenuptial/postnuptial contracts)
- Simeone v. Simeone, 581 A.2d 162 (Pa. 1990) (contract principles govern; disclosure can be waived absent fraud/duress)
- Laudig v. Laudig, 624 A.2d 651 (Pa. Super. 1993) (contractual approach to marriage agreements; no paternalistic review of rights)
- In re Ratony’s Estate, 277 A.2d 791 (Pa. 1971) (contract-like treatment of postnuptial arrangements in probate context)
- Sabad v. Fessenden, 825 A.2d 682 (Pa. Super. 2003) (contextual guidance on marital property rights and enforceability)
- Paulone v. Paulone, 649 A.2d 691 (Pa. Super. 1994) (standard of review for abuse of discretion in matrimonial contract enforcement)