2d DCA 1996) (applying secular contract principles to the parties' sadaq and holding that the religious antenuptial
agreement was valid and enforceable where there was sufficient consideration and a proverbial meeting of the minds).
1993) (concluding the ketubah failed the specificity requirement for an antenuptial
agreement to be enforceable).
His practice also focuses on related areas, including representing owners of closely-held businesses; preparation of Buy-Sell Agreements and voting trust arrangements; preparation of Family Limited Partnerships and Limited Liability Companies; real estate transactions, including nominee trusts; antenuptial
agreements; advice concerning retirement plan and individual retirement account decision-making.
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.
They provide guidance to attorneys who are faced with these issues and describe all of the arguments that find minimum support in the available case law and their strengths and weaknesses, to help them make and evaluate arguments on the validity and construction of separation, antenuptial
, and postnuptial agreements.
The new regime creates a customary marriage in community of property, unless the parties wish to regulate their matrimonial property by way of an antenuptial
is consistent with the language of commitment and obligation"); Scott & Scott, supra note 47, at 208 (arguing that "contract can serve very well as a basis for an enduring, committed relationship"); see also Clark, supra note 120, at 142 (emphasis added) (stating that "if certain requirements of form and substance are met, the typical antenuptial
contract is valid and enforceable and in fact is favored by the law as tending to promote marital barroom,").
For example, the Supreme Court of Ohio has stated: "Our research has disclosed that it is a common practice to present antenuptial
agreements at the eleventh hour before the wedding ceremony.