Oldani v. Oldani
132 Conn. App. 609
| Conn. App. Ct. | 2011Background
- Peter Oldani filed for dissolution of marriage with a request to enforce a prenuptial agreement; Jacqueline Oldani challenged enforceability.
- Parties married December 6, 2002, following a December 2, 2002 prenuptial agreement; they have one child born in 2004.
- Modification to the prenup occurred January 7, 2006, to account for a second mortgage on the marital home.
- Trial over five days in mid-2009; August 10, 2009 memorandum dissolved the marriage and addressed financial orders under the prenup.
- Court found the prenuptial agreement enforceable and ordered alimony, child support, home sale, mortgage/tax/insurance sharing, and $25,000 attorney fees to plaintiff.
- On appeal, the defendant challenged enforceability; the plaintiff cross-appealed, including contempt and child support modification issues; the court remanded for new financial orders but affirmed contempt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability based on fair disclosure | Oldani contends the prenup is enforceable. | Oldani contends the income disclosure was unfair and incomplete. | Prenup unenforceable; remand for new financial hearing |
| Contempt finding | Oldani argues no willful noncompliance. | Oldani asserts the court correctly found contempt. | Contempt affirmed |
| Child support deviation | Oldani seeks modification due to reduced resources. | Oldani opposes modification; supports current order. | Remand for reconsideration of child support orders |
| Attorney's fees and other financial provisions | Oldani argues all prenup provisions, including fees, must be enforced or reconsidered on remand. | Oldani contends fee and other provisions should be enforced as decided or reconsidered on remand. | Remand for reevaluation of all financial orders including fees |
Key Cases Cited
- Friezo v. Friezo, 281 Conn. 166 (Conn. 2007) (defines 'fair and reasonable disclosure' under the Premarital Agreement Act)
- McHugh v. McHugh, 181 Conn. 482 (Conn. 1980) (mutual duty to disclose assets in prenuptial context)
- Crews v. Crews, 295 Conn. 153 (Conn. 2010) (codifies premarital agreement standards post-1995)
- Rosato v. Rosato, 77 Conn.App. 9 (Conn. App. 2003) (mosaic doctrine for remand of financial orders)
- Casey v. Casey, 82 Conn.App. 378 (Conn. App. 2004) (mosaic remand rationale for financial orders)
- Leonard v. Commissioner of Revenue Services, 264 Conn. 286 (Conn. 2003) (statutory interpretation of § 46b-36g(a))
- Winchester v. McCue, 91 Conn.App. 721 (Conn. App. 2005) (contextual support for disclosure standards)