According to Florida case law, parties to an antenuptial agreement do not deal with each other at arm’s length. Because the relationship is based on mutual trust and confidence, courts apply a higher standard of scrutiny to ensure fairness and full disclosure.
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.”
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