While the statute did not provide general contracting rights, it did permit antenuptial agreements
to be enforceable after marriage.
Younger, Perspectives on Antenuptial Agreements
, 40 RUTGERS L.
37) In civilian jurisprudence, there were varying authorities with respect to the revocability of an antenuptial agreement
made to vary the community of property regime that would otherwise apply.
For example, in Michigan, even an antenuptial agreement
signed after the ceremony on the same date as the wedding was considered enforceable [Storey v.
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.
2d at 249 (holding a sadaq, an Islamic antenuptial agreement
for a postponed dowry protecting the woman in the event of divorce, was valid and enforceable).
The Third DCA stated that while it is generally true that a waiver is the intentional relinquishment of known rights, the fact that a waiver of rights in an antenuptial agreement
does not contain a statutory disclosure requirement persuaded the court to conclude that such a waiver also includes the waiver of unknown rights.
45) The Osborne court also emphasized that its adoption of Rosenberg and the related guidelines would not negate the possibility of an antenuptial agreement
being found unenforceable if it unreasonably encouraged divorce, thereby clearly violating public policy.
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 agreement
Hershey's practice encompasses a variety of estate planning and estate administration matters, including wills, trusts, deeds, powers of attorney, advance directives, medical consent forms for minors, buy-sell agreements, antenuptial agreements
and asset disposition through lifetime giving, charitable bequests and other vehicles.
presumption of unenforceability for antenuptial agreements
2d 586, 587 (Iowa 1973) (declaring antenuptial agreements
prohibiting alimony void and contrary to public policy); Duncan v.