According to Florida case law, a party to an antenuptial agreement may not exploit the other party for financial gain. Parties must act in good faith and with candor and sincerity. Courts will scrutinize such agreements for fairness and will not uphold terms that result from overreaching or exploitation, or if the agreement was made under duress.
See: Ziegler v. Natera 279 So.3d 1240
“[I]t is black letter law that the parties to an antenuptial agreement do not deal at arm[‘]s length with each other.” Lutgert v. Lutgert, 338 So. 2d 1111, 1115 (Fla. 2d DCA 1976). Rather, “[t]heir relationship is one of mutual trust and confidence.” Id. (footnote omitted). As such, “the parties must exercise the highest degree of good faith, candor[,] and sincerity in all matters bearing on the terms and execution of the proposed agreement, with [f]airness being the ultimate measure.”
Related
_______________
Do you have questions or comments? Then please feel free to send us an email or call him now at (954) 880-1302.
If you found this information helpful, please share this article and bookmark it for your future reference.