Facts: After petitioner Thomas Bernard’s wife Gloria filed for divorce, Thomas Bernard demanded arbitration under the terms of their prenuptial agreement. The trial court declined to enforce the agreement, finding that it was both substantively and procedurally unfair insofar as the agreement’s terms severely restricted the creation of community property and precluded Gloria Bernard from seeking maintenance or collecting inheritance and insofar as Gloria Bernard had signed the agreement without having been accorded sufficient time for meaningful negotiation and advice. Upon appeal, the Washington Court of Appeals affirmed the trial court’s decision, ruling that the agreement was unenforceable. Thomas Bernard appealed this decision to the Supreme Court of Washington.

Question(s): Was the prenuptial agreement rendered unenforceable by its substantive and procedural unfairness?

Conclusion: Justice Stephens’ opinion for the Court affirmed the Washington Court of Appeals, concluding that the agreement was substantively unfair insofar as its terms were disproportionate to Thomas Bernard’s means and procedurally unfair insofar as Gloria Bernard was not given the opportunity to enter into the agreement voluntarily or intelligently given that she was not allowed sufficient time to adequately review the agreement.

Docket No. 80348-0 (from Court of Appeals Division I Case No. 57296-2)

Petitioner: Thomas Bernard

Respondent: Gloria Bernard

Briefs:

Argument: Tuesday, May 27, 2008 2:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, April 9th, 2009

Prevailing Party: Gloria Bernard (Respondent)

Vote: 6-3

Citation: Pending

Alexander

Johnson

Madsen

Sanders
(Dissent)

Chambers

Owens

Fairhurst

Johnson

Stephens
(Majority)