You are working as a summer associate for a new law firm, Meager and Poore. The partners both graduated from SFU Law two years ago and set up shop in Valparaiso, Indiana. Your client, Janeel Winston is in the process of getting divorced from her husband David. Janeel and David were married 8 years ago and had signed a prenuptial agreement prohibiting either party from seeking maintenance and any marital assets would be used to benefit any minor children the couple had until they reached the age of majority. At the time of the marriage, David was an attorney making $87 thousand dollars per year and Janeel was an account executive with an investment firm making $99 thousand dollars per year. The couple have two children and a house worth $320 thousand dollars, which Janeel has been paying for by herself for several years. Janeel has since become CFO of the firm and is currently making $112 thousand dollars per year. Three years ago David suffered a head trauma in a car accident which occurred when he was drunk and high on PCP. David suffers from a permanent disability due to the head trauma. In the aftermath, it was revealed he had been appropriating client funds to pay for drugs and other accoutrements of such a lifestyle. David sobered up after the incident and has been clean for three years. Since he is now disabled, disbarred, and unable to work, his attorney has asked for the prenuptial agreement to be set aside on the grounds that it would be unconscionable since David would almost certainly end up on public aid.
Can Janeel have the prenuptial agreement enforced despite David's claim that the agreement is unconscionable?

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As a summer associate at Meager and Poore law firm it is important to analyze the details of the case to determine whether Janeel can have the prenupt... View the full answer