Three days before their marriage, Donna Rinvelt and Arnold Rinvelt signed a prenuptial agreement drafted by the latter’s attorney. The document stated that each party would keep all rights in their separate property and could dispose of it without any claims upon it by the other spouse. The document also contained the following clause: Divorce: In the event that the marriage of the parties shall end in divorce, annulment, or separate maintenance, it is hereby agreed that their respective rights in and to the property of the other spouse shall be limited as follows:

(a) The Prospective Husband shall be entitled to ten percent (10%) of the net estate of the Prospective Wife, net estate meaning gross estate less all expenses.

(b) The Prospective Wife shall be entitled to ten percent (10%) of the net estate of the Prospective Husband, net estate meaning gross estate less all expenses.

As a consequence of this latter provision, Donna Rinvelt was awarded almost a quarter of a million dollars of Arnold’s property by the divorce court. Arnold brought an appeal asking that the award be thrown out. What arguments could be made in this regard? What arguments could Donna make to the contrary? What do you think the court decided? (Rinvelt v. Rinvelt, 475 N.W.2d 478)