52) By the end of the eighteenth century, courts accepted antenuptial agreements
that gave women property rights outright, rather than in trust.
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.
Where in the civilian context the notion of revocability was, in a sense, to prevent fraud on the surviving spouse and provide him or her with the ability to be better provided for under the antenuptial agreement
, in the English context the notion of revocability--or rather the absence thereof after the death of the first to die--was to prevent fraud in another sense.
In 1976, the Uniform Antenuptial Agreement
Act (UPAA) first provided uniform guidelines to govern the issues involved in a valid antenuptial agreement
Almost every person entering into an antenuptial agreement
hopes to avoid a financial dispute incident to a divorce and, in many instances, to avoid having to share assets, property, or money with the person he or she is divorcing.
In this respect, the commissioners diverged not only from the common law of antenuptial agreements
but also from general contract principles.
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).
1983), which involved an antenuptial agreement
, the Florida Third District Court of Appeal acknowledged that a general waiver of "all rights"
Osborne marked the first time that a Massachusetts court agreed to enforce the terms of an antenuptial agreement
designed to dictate the distribution of property at the time of divorce.
The court reasoned that Pennsylvania law, like Florida law, will uphold an antenuptial agreement
that is unfair and inequitable if the parties entered into it voluntarily with the benefit of full and fair disclosure and in the absence of fraud, duress, overreaching, or coercion.
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.
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.