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Coxwell v. Coxwell

The appropriate standard for establishing the contents of a lost antenuptial agreement is the preponderance of the evidence.

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In this pending divorce action, we granted the application for interlocutory appeal by Appellant James L. Coxwell Husband, who challenges the trial court’s denial of his motion to enforce a lost antenuptial agreement between Husband and Appellee Sandra Faye Coxwell Wife. We hold that the appropriate standard of proof for establishing the contents of a lost antenuptial agreement is the preponderance of the evidence standard. Utilizing this standard, we conclude that the trial court did not err in holding that Husband failed to prove the terms of the lost antenuptial agreement, and we therefore affirm.

Husband and Wife married in 1995, and Wife filed a complaint for divorce in 2012. Husband filed a motion to enforce the parties’ antenuptial agreement, which both parties agree is valid and in force. Neither party, however, has been able to locate the agreement, in either its original or any other form, and their dispute thus centers on the agreement’s terms. For this reason, in his motion to enforce, Husband also requested entry of a declaratory judgment establishing the terms of the lost antenuptial agreement.

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