Reference no: EM131626556

In 1987, Barry Bonds was a promising young major league baseball player earning about $100,000 per year. He met a bartender in Montreal named Susann and they hit it off. The following year, Bonds took Susann with him to spring training in Arizona. On the way, they decided to marry in a wedding chapel in Las Vegas. En route to Las Vegas, they went to Phoenix and visited a lawyer Bonds knew who prepared a pre-nuptial agreement that they both signed. The agreement provided, among other things, that in the event of a divorce, each of the parties could keep whatever wealth he or she accumulated during the marriage. They continued on to Las Vegas where they were married in a small ceremony attended only by a few close friends.

After 6 stormy years of marriage, the couple divorced. By that time, Bonds had become a baseball superstar and one of its highest paid players. His net worth exceeded $35 million. Under the terms of the prenuptial agreement, Susann would not receive any of that accumulated wealth. (California is a "community property" state, so if she had not signed the agreement, she would have been entitled to half the wealth accumulated during their marriage.)

Susann argued that the prenuptial agreement should not be enforced. She alleged that the document had been thrust upon her without warning shortly before the couple was to leave for Las Vegas; that her native language was French, not English; and that Bonds was represented by an attorney and therefore understood the legal implications of the agreement whereas she did not.

Bonds responded that his lawyer told Susann that she could obtain independent legal advice on whether to sign the agreement, yet she chose not to do so. He also claimed that the wedding was small and informal and could have easily been postponed had she asked for more time to contemplate the agreement.

Respond to this case, making sure that you address any appropriate issues concerning either party's capacity or whether consent was genuine.