Erpelding v. Erpelding
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The Supreme Court held that a premarital agreement provision waiving an award of attorney fees related to issues of child or spousal support is categorically prohibited by Iowa Code 596.5(2), and Iowa Code 596.5(1)(g) prohibits fee-shifting bar provisions as to child-custody issues.
The parties in this case executed a premarital agreement waiving the right to seek an award of attorney fees in the event of a dissolution of their marriage. During their dissolution proceeding, Wife requested an award of attorney fees arising from litigating issues of child custody, child support, and spousal support. The district court declined to award attorney fees, concluding that, in the absence of any articulated public policy of the state, it did not have authority to ignore the plain language of the parties’ premarital agreement. The court of appeals reversed, concluding that the waiver provision in the premarital agreement was unenforceable as to child-related issues because it violates public policy. The Supreme Court affirmed the court of appeals decision on its award of attorney fees for child-related issues but vacated the part of the decision regarding attorney fees for spousal support, holding that the premarital agreement was also unenforceable as to the spousal-support issues.
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