Briefs: Barry Bonds Divorce, Straub Vs. B.M.T And Goldberger Vs. Goldberger

In re Marriage of Bonds. 24 Cal. 4th 1, 5 P. 3d 815 (2000)

Facts: Barry Bonds, a major league baseball player married Susann Sun, when his earning were $106,000 a year. When a divorce was sought Bonds earnings had increased to millions per year. A pre-nuptial agreement was signed before the marriage, where Sun waived any interest in Bonds finances. Bonds counsel prepared the pre-nuptial agreement.

Issue: Did Susann Bonds sign the pre-nuptial agreement involuntarily because she had no independent counsel?

Decision: Originally, the trial court found that Sun had agreed to the terms of the pre-nuptial agreement. Sun Appealed where the decision was reversed. Ultimately, the prior judgement was reversed by the California Supreme Court. They found that Sun had signed the agreement voluntarily even though she had no independent counsel.

Rationale: Sun had advanced knowledge of the meaning and intent of the prenuptial agreement. Barry Bonds prior to the agreement suggested that Sun retain independent counsel for the matter, which she refused. Justice George delivered the opinion of the court.


Straub v. B.M.T 626 N.E. 2d 848(1993)

Facts: Edward Straub and Francine Todd are having an affair. Todd becomes pregnant after she told Straub he would not be responsible for any children she might bare from the affair. Three years after the birth of a child, she sued Straub for child support. The trial court ordered Straub to pay $130/ wk in child support payments.

Decision: The trial courts decision stands

Rationale: As a matter of public policy, Straub must pay child support. Judge Miller gave the decision for the Indiana Court of Appeals. According to Indiana Public Policy, a parent "cannot by his own contract, relieve himself of the legal obligation to support his minor children."

Goldberger v. Goldberger 96 Md. App. 313, 624 A. 2d 1328 (1993)