Antenuptial Agreement Validity

39 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• del Vecchio v. del Vecchio
  143 So. 2d 17· Fla.· 1962-06-29 ·cited 185×
  An antenuptial agreement is valid if the provision for the wife is fair and reasonable, or if there is full disclosure of the husband's worth, or if the wife has general approximate knowledge of his property, and the agreement was entered into freely and voluntarily.
• Annabelle G. Belcher v. Belcher
  271 So. 2d 7· Fla.· 1972-08-23 ·cited 147×
  The Florida Supreme Court held that a husband cannot use an antenuptial agreement to completely waive his obligation to pay alimony, suit money, and attorney's fees during the period of marriage before dissolution. While antenuptial agreements are valid and binding for property r
• Sari Posner v. Posner
  257 So. 2d 530· Fla.· 1972-03-08 ·cited 77×
  In this second appeal, the Florida Supreme Court reviews whether the trial court properly followed the Court's prior mandate regarding an antenuptial agreement between wealthy businessman Victor Posner and his wife Sari. The Court holds that the agreement is void due to inadequat
• Darrel Carnell v. Carnell
  398 So. 2d 503· Fla. 5th DCA· 1981-05-27 ·cited 28×
  The court held that the antenuptial agreement was valid and enforceable, and that the husband's claims of fraud, undue influence, overreaching, abandonment, and due process violations were without merit.
• Nelson v. Nelson
  721 So. 2d 388· Fla. 4th DCA· 1998-11-12 ·cited 26×
  In a dissolution of marriage appeal, the Florida Fourth District Court of Appeal affirmed the trial court's award of permanent alimony to the former wife, invalidation of an antenuptial agreement, and valuation of marital assets. The court held that the trial court did not abuse
• Est. of Wendell L. Roberts v. Roberts
  388 So. 2d 216· Fla.· 1980-06-05 ·cited 26×
  The court held that section 732.702(2), Florida Statutes (1979), is constitutional and does not deny access to courts, due process, or equal protection.
• In re Est. of Howard W. Reed v. Reed
  354 So. 2d 864· Fla.· 1978-01-12 ·cited 26×
  Florida's family allowance statutes, which provided benefits only to widows and not widowers, were unconstitutional as they violated equal protection clauses of both the Florida and U.S. Constitutions. The court also affirmed the trial court's findings regarding the antenuptial a
• Lutgert v. Lutgert
  338 So. 2d 1111· Fla. 2d DCA· 1976-10-27 ·cited 26×
  The court voided an antenuptial agreement where the husband presented it to the wife 24 hours before their wedding, threatened to cancel the wedding if she didn't sign, and the agreement provided grossly disproportionate benefits to him despite his wealth of approximately $3-4 mi
• Plant v. Plant
  320 So. 2d 455· Fla. 3d DCA· 1975-09-16 ·cited 20×
  In this dissolution of marriage appeal, the ex-husband challenged the trial court's invalidation of a prenuptial agreement and various support and property awards. The appellate court affirmed the voiding of the prenuptial agreement but reversed portions of the judgment concernin
• Sari Posner v. Posner
  315 So. 2d 175· Fla.· 1975-04-16 ·cited 20×
  In this complex matrimonial dispute spanning a decade, the Florida Supreme Court enforced its prior mandate invalidating an antenuptial agreement and reviewed the trial court's awards of alimony and attorney's fees. The Court found the trial court complied with its mandate but gr
• Cladis v. Cladis
  512 So. 2d 271· Fla. 4th DCA· 1987-09-02 ·cited 16×
  This case involves a husband's appeal of a final dissolution judgment in which the trial court set aside an antenuptial agreement, divided assets equitably, and awarded permanent periodic alimony and attorney fees. The appellate court reversed the trial court's decision to void t
• Sari Posner v. Posner
  206 So. 2d 416· Fla. 3d DCA· 1968-01-23 ·cited 16×
  A chancellor in a divorce proceeding retains sole discretion to determine alimony and is not bound by the terms of an antenuptial agreement, even if the agreement is otherwise valid; the chancellor may consider such an agreement but must independently exercise judicial discretion
• Holland v. Holland
  406 So. 2d 496· Fla. 5th DCA· 1981-10-28 ·cited 15×
  A wife appealed a final judgment of dissolution of marriage challenging the division of property, the award of rehabilitative alimony, and child support. The Fifth District Court of Appeal affirmed the property division and child support award but reversed the alimony determinati
• Fechtel v. Fechtel
  556 So. 2d 520· Fla. 5th DCA· 1990-02-08 ·cited 14×
  In a dissolution of marriage case, the appellate court upheld the validity of an antenuptial agreement that limited the wife's claims to ten dollars, but reversed the trial court's enforcement of the agreement's waiver of attorney's fees, holding that a spouse's obligation to pay
• Eager v. Eager
  696 So. 2d 1235· Fla. 3d DCA· 1997-06-11 ·cited 11×
  The court held that the trial court erred in failing to exclude the husband's premarital contribution to his 401(k) from equitable distribution and in awarding seven years of rehabilitative alimony without explanation.
• Annabelle G. Belcher v. Belcher
  307 So. 2d 918· Fla. 3d DCA· 1975-01-28 ·cited 11×
  In this dissolution of marriage case, the Florida appellate court upheld the validity of a prenuptial agreement that waived the wife's right to alimony, finding it fair, reasonable, and binding. The court affirmed the trial court's disallowance of alimony but reversed in part reg
• Cantor v. Gertrude Palmer and Harold S. Cantor
  166 So. 2d 466· Fla. 3d DCA· 1964-06-30 ·cited 11×
  An antenuptial agreement is enforceable if fairly entered into, even with disproportionate assets, provided there is no fraudulent concealment or misrepresentation and the wife had approximate knowledge of the husband's property.
• Ellis First Nat'l Bank OF W. Pasco v. Mariam C. Downing
  443 So. 2d 337· Fla. 2d DCA· 1983-12-28 ·cited 10×
  The court considered whether an antenuptial agreement signed before marriage was valid despite the wife's lack of legal representation and sophistication, and the husband's failure to make adequate disclosure or provision for her.
• Potter v. Collin
  321 So. 2d 128· Fla. 4th DCA· 1975-08-29 ·cited 10×
  A widow sought to void an antenuptial agreement that limited her inheritance to $20,000 from her deceased husband's $1.8 million estate. The trial court invalidated the agreement, but the appellate court reversed, holding that an antenuptial agreement need not be fair and reasona
• Johnson v. Johnson
  140 So. 2d 358· Fla. 2d DCA· 1962-04-25 ·cited 9×
  A widow appealed a declaratory judgment upholding an antenuptial agreement that limited her to $10,000 and use of the home in lieu of dower, homestead, widow's allowance, and other statutory rights. The court affirmed, holding that the agreement was valid and enforceable based on
• Stregack v. Moldofsky
  474 So. 2d 206· Fla.· 1985-06-20 ·cited 8×
  Nondisclosure, whether fraudulent or not, cannot invalidate an antenuptial agreement executed before marriage under section 732.702, Florida Statutes, which eliminates the disclosure requirement for premarital antenuptial agreements in probate proceedings.
• Baker v. Alyce F. Baker
  622 So. 2d 541· Fla. 5th DCA· 1993-07-30 ·cited 4×
  The appellate court reversed the trial court's decision, finding that an antenuptial agreement entered into by a couple in Pennsylvania, which waived alimony and other rights, was not void as against Florida public policy.
• Margulies v. Margulies
  491 So. 2d 581· Fla. 3d DCA· 1986-06-24 ·cited 4×
  A Florida appellate court upheld the validity of an antenuptial agreement and the child support award derived from it, rejecting the wife's contentions that the agreement violated public policy and that disparate support amounts for two children constituted an abuse of discretion
• In re Est. OF Ralph James Edsell, Jr. v. Evered
  447 So. 2d 263· Fla. 3d DCA· 1983-11-08 ·cited 4×
  A pretermitted wife challenged a premarital agreement that excluded her from her deceased husband's $641,000 estate while she had only $15,200 in assets. The Florida appellate court reversed the trial court's dismissal, holding that the wife presented sufficient evidence of gross
• Ziegler v. Natera
  279 So. 3d 1240· Fla. 3d DCA· 2019-07-10 ·cited 2×
  The appellate court affirmed a trial court's decision to invalidate an antenuptial agreement. The court found the agreement was signed under duress due to the husband's threats to cancel the wedding and jeopardize the couple's emigration plans.
• Osborne v. Osborne
  604 So. 2d 858· Fla. 2d DCA· 1992-07-24 ·cited 2×
  The court affirmed the defendants' sentences, holding that the Sentencing Guidelines apply to conspiracies that began before their effective date but continued afterward, and that supervised release is permissible under 18 U.S.C. § 3583 for such offenses.
• Weintraub v. Weintraub
  395 So. 2d 302· Fla. 1st DCA· 1981-03-18 ·cited 2×
  In a divorce case, the court addressed whether an antenuptial agreement barring alimony could be invalidated for the husband's nondisclosure of his financial resources before execution. The court held that while a 1974 statutory amendment eliminated disclosure requirements for ce
• Libberton v. Libberton
  240 So. 2d 336· Fla. 4th DCA· 1970-10-28 ·cited 2×
  A wife sought to increase spousal support and secure her inchoate dower rights by obtaining a present interest in her husband's personal property. The appellate court reversed the trial court's award of a present dower interest and support bond, holding that dower rights attach o
• Herbert Fern & the Miami Beach First Nat'l Bank v. Fern
  207 So. 2d 291· Fla. 3d DCA· 1968-02-20 ·cited 2×
  The estate executors appealed a decree invalidating an antenuptial agreement between their testator and his widow, arguing the trial court erred by admitting the widow's testimony about asset disclosure in violation of the Dead Man's Statute. The court affirmed, holding that suff
• In re Est. of Jacob Guze
  114 So. 2d 212· Fla. 3d DCA· 1959-08-18 ·cited 2×
  The court held that the order on mandate was not contrary to the prior appellate court's mandate and opinion.
• Smith-Fullerton v. Fullerton
  Fla. 5th DCA· 2024-12-06
  Sandra Katherine Smith-Fullerton petitioned for a writ of certiorari to quash the trial court's order requiring full financial disclosure in her divorce proceedings. The appellate court granted the petition because the trial court failed to first determine the validity of the par
• Foster v. Est. OF Edward Gomes
  27 So. 3d 145· Fla. 5th DCA· 2010-01-29
  An antenuptial agreement is not invalidated by a voluntary, inaccurate disclosure of assets if the disclosure was not required by law.
• Kolflat v. Tor D. Kolflat
  636 So. 2d 87· Fla. 2d DCA· 1994-03-30
  Barbara Kolflat challenges the enforcement of an antenuptial agreement in which she waived all rights to alimony upon divorce from Tor Kolflat, a significantly wealthier spouse. The court held that while the agreement was validly executed, it was unenforceable as to the alimony w
• Kaarlo Einairi Anttila v. Raija Marja Sinikka
  611 So. 2d 565· Fla. 4th DCA· 1992-12-30
  In this dissolution of marriage case, the Fourth District Court of Appeal affirmed the trial court's decision to set aside a 1977 antenuptial agreement, affirmed the equitable distribution of marital assets, and affirmed the award of permanent periodic alimony to the former wife
• Lilly v. Lilly
  608 So. 2d 561· Fla. 1st DCA· 1992-11-18
• Moldofsky v. Stregack
  449 So. 2d 918· Fla. 3d DCA· 1984-04-24
  The Florida District Court of Appeal held that section 732.702, which eliminates the fair disclosure requirement for valid antenuptial agreements in probate, does not preclude a surviving spouse from challenging an agreement based on fraudulent nondisclosure. The court reversed t
• Coleman v. The Est. OF Howard S. Coleman
  439 So. 2d 1016· Fla. 1st DCA· 1983-10-31
  The court held that the trial court did not abuse its discretion in denying leave to amend the pleadings because the appellant's arguments for avoiding the antenuptial agreement were based on disclosure, which is no longer required by statute for prenuptial agreements.
• In re Est. of Frederick P. MacArell
  254 So. 2d 240· Fla. 4th DCA· 1971-11-04
  The county judge erred in failing to give effect to a presumptively valid antenuptial agreement presented in support of a petition to vacate dower and family allowance orders.
• Cantor v. Palmer
  21 Fla. Supp. 200· Dade Cty. Cir. Ct.· 1963-07-17
  Edith Cantor, widow of William E. Cantor, sought to set aside an antenuptial agreement executed before their 1953 marriage, claiming her husband failed to make full financial disclosure. The court upheld the agreement, finding it was freely and voluntarily executed with the benef