According to Florida case law, the mere fact that one party made a poor bargain is not enough to invalidate or modify an antenuptial agreement on its own. Courts will not set aside such agreements solely due to unequal or unfavorable terms if the agreement was entered into voluntarily and without fraud or coercion.
See: McNamara v. McNamara 40 So.3d 78 and Waton v. Waton, 887 So.2d 419, 422 (Fla. 4th DCA 2004)
“A contract is not void, as against public policy, unless it is injurious to the interest of the public, or contravenes some established interest in society.” Harris v. Gonzalez, 789 So.2d 405, 409 (Fla. 4th DCA 2001) (citations omitted). The mere difference between the law of the forum and that of a foreign state does not make application of the foreign law contrary to Florida public policy. Wilkinson v. Manpower, Inc., 531 F.2d 712, 715 (5th Cir.1976). Absent a public policy violation, this state enforces the parties’ choice of law, in this case, Georgia.
The fact that one party apparently made a bad bargain is not a sufficient ground, by itself, to vacate or modify an antenuptial agreement. Casto v. Casto, 508 So.2d 330, 334 (Fla.1987); Del Vecchio, 143 So.2d at 20.
“We take the facts most favorably in support of the trial court’s decision.” Waton v. Waton, 887 So.2d 419, 422 (Fla. 4th DCA 2004). “Furthermore, ‘the findings of the trial court come to this court clothed with a presumption of correctness and will not be disturbed absent a showing that there was no competent evidence to sustain them.'” Id. Substantial, competent evidence supports the trial court’s findings that Husband adequately disclosed his assets and that Wife signed the contract freely and voluntarily, fully understood her rights, and was informed by Husband of his general and approximate worth.
Related
- Florida Prenuptial and Postnuptial Agreement Guide (2025)
- What you need to know about alimony in Florida
- Marital Assets FAQ
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