Younger, Perspectives on Antenuptial Agreements
: An Update, 8 J.
(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, if one spouse is expected to be the sole wage-earner and the other the children's primary caretaker, the court may view an antenuptial agreement
purporting to bar spousal support as inequitable unless sufficient assets are allocated to the homemaker spouse to ensure future financial security.
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.
In this respect, the commissioners diverged not only from the common law of antenuptial agreements
but also from general contract principles." (footnote omitted)).
are all the rage this year in Minnesota's appellate courts.
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).
1981), which is another case involving an antenuptial agreement
, the court held that a general waiver of "all rights" contained in a prenuptial agreement signed in 1956 waived homestead and elective share rights that were not yet statutorily in existence until 1976.
To begin, the court pointed out that because an antenuptial agreement
is essentially a contract between a husband and wife, the agreement must comport with the traditional rules governing contract formation.
61.052(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.
Civil<br />Domestic Relations<br />Dissolution; Antenuptial Agreements<br />Appellant appealed from a District Court order invalidating an antenuptial agreement
he entered into with his then-fiance, respondent.
3d DCA 2001), the wife filed a verified petition for the dissolution of marriage, wherein she averred that the terms of an antenuptial agreement
should be fully enforced.