Faver v. Faver

4 Citing cases

  1. Banks v. Evans

    347 Ark. 383 (Ark. 2002)   Cited 19 times
    In Banks v. Evans, 347 Ark. 383, 64 S.W.3d 746 (2002), the Arkansas Supreme Court reaffirmed the general rule that "one is bound to know the content of a document one signs, and if the signer has had the opportunity to read it before she signs it, she cannot escape the obligations imposed by the documents by merely stating that it was signed without reading it."

    First, she argues that the contract was invalid because she did not know Jim's net worth prior to signing the contract, and that Jim failed to rebut the presumption of "designed concealment," a presumption which arises when the provisions made for the wife are disproportionate to the means of the husband. See Faver v. Faver, 266 Ark. 262, 583 S.W.2d 44 (1979). In addition, she claims the agreement was abrogated when she and Jim reconciled in 1997.

  2. Gooch v. Gooch

    664 S.W.2d 900 (Ark. Ct. App. 1984)   Cited 15 times

    Appellant's assertion that she was ignorant of the consequences of the agreement and that she failed to fully inform herself of the consequences of the circumstances of the parties because she was "in love" is no evidence of fraud, as was held in Babb v. Babb, Ex'r, 270 Ark. 289, 604 S.W.2d 574 (Ark.App. 1980). This case is very different from the Arkansas cases in which antenuptial agreements have been declared void because of fraud or the absence of a full and fair disclosure. For example, in Faver v. Faver, 266 Ark. 262, 583 S.W.2d 44 (1979), it was found that there was a complete lack of disclosure as to the extent or value of the husband's property before execution of the contract as well as a disproportion between the provision for the wife and the means of the husband. Similarly, in Arnold, supra, it was found that the husband did not make a full disclosure to the wife and that the husband "obtained the agreement" through "design, studied planning and concealment, which constituted fraud and overreaching."

  3. Knight v. Interco Inc.

    873 F.2d 1125 (8th Cir. 1989)   Cited 2 times
    Applying Arkansas law

    Corbin on Contracts, Ch. 26, § 573, p. 357. See generally Faver v. Faver, 266 Ark. 262, 583 S.W.2d 44 (1979); Sterling v. Landis, 9 Ark. App. 290, 658 S.W.2d 429 (1983). Arkansas courts have consistently held that "where a contract is plain, unambiguous and complete in its terms, parol evidence is not admissible to contradict or add to the written document."

  4. Lee v. Lee

    35 Ark. App. 192 (Ark. Ct. App. 1991)   Cited 6 times

    Comstock v. Comstock, 146 Ark. 266, 225 S.W.2d 621 (1920); Babb v. Babb, supra. An antenuptial agreement will be enforced by the court where the agreement was freely entered into by both parties, and is not unjust, inequitable, or tainted with fraud. Faver v. Faver, 266 Ark. 262, 583 S.W.2d 44 (1979); Arnold v. Arnold, 261 Ark. 734, 553 S.W.2d 251 (1977); Davis v. Davis, 196 Ark. 57, 116 S.W.2d 607 (1938); Gooch v. Gooch, supra. At the hearing, appellant testified that appellee wanted her to sign an agreement before they were married but did not explain to her the effect of such an agreement or the rights that she would be relinquishing under it.