Case Citation
Legal Case Name

Moore v. Moore Case Brief

Court of Appeals of Texas2012Docket #60616426
383 S.W.3d 190 2012 Tex. App. LEXIS 5290 2012 WL 2553565 Family Law Contracts

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Case Brief Summary & Legal Analysis

General Brief
3 min read

tl;dr: A wife successfully invalidated a premarital agreement by proving she signed it involuntarily. Her husband concealed the final draft until hours before the wedding and falsely represented that her attorney had approved it, rendering her signature an act not of free will.

Legal Significance: This case clarifies that under the Texas Family Code, involuntary execution of a premarital agreement can be established through misrepresentation and procedural manipulation, without requiring proof of overt threats or coercion. It emphasizes a fact-intensive, circumstantial inquiry into voluntariness.

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Case Facts & Court Holding

Key Facts & Case Background

Gary Moore and Caroline Moore became engaged and planned to marry two months later. Gary insisted on a premarital agreement, telling Caroline it was to protect her from his financial liabilities. Gary’s long-time business lawyer, Marty Barenblat, drafted the agreement. After realizing Caroline needed her own counsel, Gary rejected her choices as too expensive and steered her to Mickey Hunt, an attorney in Barenblat’s building. Nine days before the wedding, Hunt reviewed an incomplete draft and requested changes and financial disclosures, which were never provided. Instead, Barenblat removed all references to asset values. On the eve of their departure for the wedding at Martha’s Vineyard, Barenblat falsely told Caroline that Hunt had approved the final agreement and that it had been sent ahead. Gary received the agreement but concealed it from Caroline until four to five hours before the ceremony. Presented with a new version and a waiver of disclosure, Caroline panicked and could not reach Hunt. Gary reiterated Barenblat’s false assurance that Hunt had approved it. Relying on this, Caroline signed. The trial court found the agreement was not signed voluntarily and was therefore unenforceable.

Court Holding & Legal Precedent

Issue: Was the evidence legally and factually sufficient to support the trial court’s finding that a party did not voluntarily sign a premarital agreement when she was presented with the final version hours before her wedding and induced to sign by her fiancé’s false representation that her attorney had approved it?

Yes. The evidence was legally and factually sufficient to support the finding Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Ex

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Legal Issue

Was the evidence legally and factually sufficient to support the trial court’s finding that a party did not voluntarily sign a premarital agreement when she was presented with the final version hours before her wedding and induced to sign by her fiancé’s false representation that her attorney had approved it?

Conclusion

This case serves as a significant Texas precedent illustrating that procedural unfairness Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamc

Legal Rule

Under the Texas Family Code § 4.006(a)(1), a premarital agreement is not Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit

Legal Analysis

The court first determined that a trial court's finding of involuntariness regarding Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint oc

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Flash Summary

  • A premarital agreement is signed involuntarily if procured through misrepresentation and
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint

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