Biff and Buffy are engaged and have planned a relatively large wedding. Biff is a real estate mogul worth millions of dollars. Buffy has a high school diploma and her only work experience is at McDonald's as a cashier. One week before the wedding, Biff presents Buffy with a premarital contract which would substantially limit Buffy's marital property and support rights if the marriage ends in divorce. Biff has substantial assets; Buffy does not. Buffy is quite surprised and does not want to sign the agreement. Biff suggest that she talk about the marital contract with a lawyer he knows. She immediately does this; the lawyer advises her not to sign. Biff tells her that if she does not sign the agreement, he will not marry her. Five days before the wedding, Buffy learns that she is pregnant, but she doesn't tell Biff. However, she reluctantly agrees to sign the agreement.

After 5 years of marriage, the parties are getting divorced. Buffy claims that the agreement is not valid. You are the judge and need to decide the case. Based the analysis from this week's cases, as a law clerk, how would you advise the court to rule?

Your response:

First, state who should prevail. Then, state the legal standard and the factors that support your decision. State specific facts from the fact pattern and how they support your decision. Also, state why factors that may support the other party are not persuasive for the court to rule for him or her.