husband to obtain a divorce when he has no legal
cause for divorce, or a conveyance of property in consideration of
future care and support because the husband is growing old; or a
contract between husband and wife by which the husband agrees to pay the
wife at stated intervals, sums of money, in consideration of the
faithful performance by the wife of the obligations incident to the
marriage relation. But our courts have held that exempt property may be
transferred by the husband to the wife without any consideration; that a
deed from husband to wife in consideration of a dismissal by the latter,
of a proceeding for divorce, is valid; that a contract between husband
and wife by which the wife, for a consideration, after a decree of
divorce, agrees to release all her dower interest in the real estate of
the husband, is binding. Voluntary conveyances, in favor of third
parties, by a man or woman in contemplation of marriage, and with the
evident intention of defeating the marital rights of the other party, in
such property, will be held fraudulent, and may be set aside in an
action by the injured party after marriage. Contracts and conveyances
made before marriage and duly recorded, will not be set aside on account
of the marriage relation, as the fact of recording is sufficient to
charge the wife with notice of the transactions. Ante-nuptial contracts,
if free from fraud and imposition, are valid, and such a contract
stipulating that each is to have the untrammeled and sole control of his
or her own property, real and personal, as though no marriage had taken
place, will be enforced. The dower right of each in the other's property
is completely waived by such contract.

[Sidenote: Abandonment of either.]

In case the husband or wife abandons the other and leaves the state, and
is absent therefrom for one year without providing for the maintenance
and support of his or her family, or is confined in jail or the
penitentiary for the period of one year or upward, the district court of
the county where the husband or wife, so abandoned or not confined,
resides, may, on application by petition setting forth fully the facts,
authorize him or her, to manage, control, sell and encumber the property
of the husband or wife for the support and maintenance of the family and
for the purpose of paying debts. Notice of such proceedings shall be
given as in ordinary actions, and anything done under or by virtue of
the order of the cour