After staying home and raising four children, Mary got a job at a museum. Ten years later, she realized her marriage was in trouble and went for psychological counseling. She later separated from her husband but continued therapy. During a session at which her husband was present, he asked her, "What do you want?" She wrote on a piece of paper that she wanted the house, the car, the joint bank accounts, and a computer. The husband took the note to his attorney, who drafted a property settlement on its basis. Mary, ignoring the advice of her psychologist to hire her own attorney, signed the agreement. She later challenged the agreement on the grounds of incapacity. Will she succeed?
What will be an ideal response?
No. There is no evidence that Mary suffered from such severe mental impairment that she was unable to comprehend the contract. She chose to enter the agreement despite the advice of her psychologist to get her own attorney. She had sufficient knowledge of her husband's and the family's resources. She sufficiently understood what she was doing and is therefore, bound by the agreement.
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