A customary marriage entered into after the commencement of this Act in which a spouse is not a partner in any other existing customary marriage, is a marriage in community of property and of profit and loss between the spouses, unless such consequences are specifically excluded by the spouses in an antenuptial
contract which regulates the matrimonial property system of their marriage.
A traditional antenuptial
agreement segregates the assets owned by the spouse seeking the agreement and declares that they would belong to the owning spouse after a divorce.
54) See Dolgin, supra note 49, at 1560-61 (noting, as examples, the courts' recognition and enforcement of antenuptial
agreements in contemplation of divorce, and permission of no-fault divorce).
052(5) provides that the court may enforce an antenuptial
agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
Florida courts traditionally have upheld the validity of antenuptial
and postnuptial agreements and, at the same time, voided provisions in those agreements waiving temporary support and attorneys' fees and costs.
A last alternative is for the testator to make a will without regard to such future spouse, knowing that in the event the testator does marry, the testator will be a pretermitted spouse unless the testator make a new will, obtains a waiver, or enters into an antenuptial
3d DCA 2001), the Florida Third District Court of Appeal held that a husband and wife who asked the court to dissolve their childless marriage and to enforce their antenuptial
agreement should not have been required to file financial affidavits because they did not ask the court for "permanent financial relief.
Funds used to purchase Antenuptial
agreement Genunzio, marital home effectively waived any 598 So.