at 808-09 (explaining impossibility of judging antenuptial
monetary provisions in isolation); compare MASS.
See Note, Till Divorce Do Us Part: The Validity of Antenuptial
Agreements in Michigan, 38 Wayne L.
Prenuptial or antenuptial
agreements are increasingly used as part of an overall estate plan.
Under the Kinney doctrine, the opportunity to consult with counsel remains a "relevant factor," but is not determinative of whether an agreement is procedurally unfair.<br />In short, Lillehaug opined that "[w]e hold that the multifactor Kinney test is the common law test applicable to antenuptial
agreements[and] McKee-Johnson is overruled to the extent that it determined that the common law and statutory procedural tests were 'substantially identical.' They are not."<br />The court was ultimately left to determine whether the agreement of Husband and Wife was executed in a procedurally fair way in light of the Kinney factors.
5th DCA 1993), the Fifth District construed a Pennsylvania antenuptial
agreement.The laws of Pennsylvania were quite similar to those of Florida dealing with the circumstances for enforceability of such an agreement, including issues of fraud, duress, and having the benefit of financial disclosure.
Three days before Michelle and Robbie Kremer were to leave for the Cayman Islands for their destination wedding, Robbie presented Michelle with an antenuptial
agreement an attorney had drawn up without Michelle's knowledge.
Prenuptial agreements (also known as premarital agreements or antenuptial
agreements) are agreements entered into by the parties contemplating marriage prior to marriage that set forth the rights and obligations of each party in the event of death or divorce, and during the marriage.
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.
Fredericks attorney, respondent Kay Wallerich, had prepared an antenuptial
agreement for Frederick and his then-fiance, Cynthia Gatliff, in 2006.
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.
Appellants attorney, respondent, prepared an antenuptial
agreement for appellant and his then-fiance in 2006.