In Re Marriage of Antuk v. Antuk
Marital agreement which excluded property acquired before or after marriage also excluded appreciation of the property, unless the agreement is inequitable.
In Re Marriage of Levy v. Levy
Where agreement states that it was intended to take effect at death, it does not apply to divorce.
In Re Marriage of Button v. Button
To be enforceable, marital agreements must have fair disclosure, be voluntarily entered into, and have fair substantive terms. The fairness of the agreement is assessed as of the time of the execution of the agreement and, if circumstances have significantly changed, the fairness is assessed again at the time of divorce.
Schumacher v. Schumacher
No disclosure vitiates marital agreement. Independent knowledge of assets in this case is insufficient to substitute for actual disclosure.
In Re Marriage of Spencer v. Spencer
Stipulation regarding whether payments are maintenance or property division in lieu of maintenance is ambiguous. Remanded to court evidentiary hearing to determine intent of parties.
In Re Marriage of Brandt v. Brandt
Enforcement of premarital agreement would be unfair where both parties ignored agreement during marriage and assets cannot be traced.
In Re Marriage of Warren v. Warren
(1) Test for change in circumstances is whether change is foreseeable. (2) If agreement is equitable, it controls regardless of other factors.
In Re Marriage of Webb v. Webb
Marital agreement was intended to apply at divorce, even though it does not expressly so state. Levy distinguished.
In Re Marriage of Greenwald v. Greenwald
Multiple issues. See full summary.
In Re Interest of Z.J.H: Spoerdler v. Hermes
Co-parenting agreement void as against public policy.