Marriage of Schmitt CA5

FACTS AND PROCEDURAL HISTORY

Appellant David Schmitt (David) and respondent Jacqueline Schmitt (Jacqueline) were married in November 2007. It was the second time they were married to each other. They have a daughter who was born in the spring of 1996. On May 7, 2010, they entered into a written postnuptial agreement for the purpose of defining their respective rights in property owned separately, jointly or as community property. The agreement also was signed by the lawyers representing David and Jacqueline. The enforceability of this agreement, which later became a marital settlement agreement, is the primary issue in this appeal as David has asserted several arguments for why the agreement is invalid. David’s July 2012 declaration asserts that (1) in April 2010 he believed his mind was not rational, he was not of sound mind, and he was not in control of himself; (2) he was extremely depressed and thought about suicide or committing himself; (3) Jacqueline pressured him to enter into the agreement knowing that he lacked the requisite mental

2. capacity; and (4) he did not want to sign the agreement, but believed he had no choice. David offers these assertions to support his…