Should Antenuptial Agreements Be Held to Be Void on Public Policy Grounds ?
In Posner v. Posner, 233 So. 2d 381, 382 (Fla. 1970) the Court held that antenuptial agreements "should no longer be held to be void ab initio" on public policy grounds. 233 So. 2d at 385.
The Court based our decision on the changing societal views towards marriage:
"With divorce such a commonplace fact of life, it is fair to assume that many prospective marriage partners . . .might want to consider and discuss . . .-and agree upon, if possible-the disposition of their property and the alimony rights of the wife in the event their marriage, despite their best efforts, should fail." Id. at 384.
Therefore, the Court allowed couples contractually to limit post-dissolution alimony payments.
In the follow-up case of Posner v. Posner, 257 So. 2d 530 (Fla. 1972), however, the Court limited this freedom by allowing a court to modify the agreement. Id.