Fredericks attorney, respondent Kay Wallerich, had prepared an antenuptial
agreement for Frederick and his then-fiance, Cynthia Gatliff, in 2006.
Agreements Waiving or Limiting Alimony in Tennessee, 27 U.
1917)) (holding that an antenuptial
agreement waiving homestead rights
For example, scholars have long expressed concern that women are often in a weaker bargaining position than their male partners in the negotiation of agreements governing intimate life, such as antenuptial
or cohabitation contracts.
3d DCA 1975) (husband's failure to obtain life insurance policy on his life for benefit of his wife as required by antenuptial
agreement constituted abandonment by him of the agreement); Gustafson v.
52) By the end of the eighteenth century, courts accepted antenuptial
agreements that gave women property rights outright, rather than in trust.
1993) (concluding the ketubah failed the specificity requirement for an antenuptial
agreement to be enforceable).
There the appellate court found that "marriage is sufficient consideration to uphold an antenuptial
agreement," and it reversed a trial court by finding that "a religious antenuptial
agreement may be enforceable in a court of law, if it complies with contract law.
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.
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
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.
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,").