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Appeals court asked to void prenup, with counsel split over 'first' and 'second look' tests
Summary
In the Desjardins appeal, appellant counsel argued pre‑execution misrepresentations and later nonperformance by the husband rendered the prenuptial agreement unfair; appellee counsel said the parties negotiated with counsel and trial findings satisfied DiMaggio’s first‑ and second‑look fairness tests.
The panel considered an interlocutory appeal about what constitutes a final, appealable judgment and the fairness and enforceability of a prenuptial agreement in Desjardins v. Jess (Docket 25P0722).
Kevin Kaur, representing the appellant (the wife), argued the agreement contained provisions that violated public policy and that evidence of pre‑execution inducement, post‑execution nonperformance (for example, alleged failure to maintain insurance or to make promised retirement…
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