Cases from cite.case.law:

Z. SUDMAN, v. J. O BRIEN, S., 218 So. 3d 986 (Fla. Dist. Ct. App. 2017)

. . . See § 732.702(1). . . .

Dr. G. STONE, v. STONE, 157 So. 3d 295 (Fla. Dist. Ct. App. 2014)

. . . .” § 732.702(1), Fla. Stat. (2011). . . .

FRISCIA, J. v. FRISCIA, 161 So. 3d 513 (Fla. Dist. Ct. App. 2014)

. . . See § 732.702(1). . . . language is the type of “all rights” language that provides for a waiver of homestead under section 732.702 . . . See § 732.702(1) (emphasis added). . . . incorporated into a final judgment, it is analogous to the written homestead waivers enforced under section 732.702 . . .

S. STEFFENS, E. v. EVANS, S. S. A. S., 70 So. 3d 758 (Fla. Dist. Ct. App. 2011)

. . . this Section 4.1.5. 4.2 The waiver contained herein is to be broadly construed pursuant to Section 732.702 . . . that “[t]he application of Paragraph 4.1 of the Post-Nuptial Agreement and Florida Statutes Section 732.702 . . . Section 732.702(1), Florida Statutes (2007), states that The rights of a surviving spouse to an elective . . . Tracking the language in section 732.702(1), the Post-Nuptial Agreement refers to the parties waiving . . . Ultimately, relying on section 732.702(1), the court determined that it had “no difficulty in deciding . . .

FOSTER, v. ESTATE OF GOMES,, 27 So. 3d 145 (Fla. Dist. Ct. App. 2010)

. . . The personal representative moved to strike the petition for elective share, citing section 732.702(1 . . . Florida law does not require pri- or disclosure of assets for an antenuptial agreement. § 732.702(2). . . .

ZIVITZ, v. ZIVITZ P. A., 16 So. 3d 841 (Fla. Dist. Ct. App. 2009)

. . . Blasingame, 564 So.2d 548, 545 (Fla. 2d DCA 1990) (holding that pursuant to section 732.702(1), Florida . . .

TAYLOR, v. TAYLOR,, 1 So. 3d 348 (Fla. Dist. Ct. App. 2009)

. . . Our review is guided by section 732.702(1), Florida Statutes (1995), which provides as follows: The right . . . Application of section 732.702(1) leads us to conclude that the trial court erred in determining that . . . Section 732.702(1) does not require that the parties specify an intent to relinquish rights given to . . . not have been sufficient, standing alone, to constitute a waiver of the rights enumerated in section 732.702 . . . The prenuptial agreement was a valid waiver of the rights enumerated in section 732.702(1), and the trial . . .

CHAMES, v. DeMAYO, v., 972 So. 2d 850 (Fla. 2007)

. . . See also § 732.702(1), Fla. . . .

S. WEISFELD- LADD, v. In ESTATE OF K. LADD,, 920 So. 2d 1148 (Fla. Dist. Ct. App. 2006)

. . . of her rights to any of the decedent’s separate property” and that “[p]ursuant to Florida Statutes 732.702 . . . The parties agree that section 732.702(1), Florida Statutes (2002), allows an individual, prior to marriage . . . Section 732.702(1), Florida Statutes (2002), provides, in part, as follows: rights of a surviving spouse . . . shares” or “all rights,” was sufficient to waive the wife’s right to an elective share, as section 732.702 . . .

A. DIENSTAG, v. R. DIENSTAG,, 864 So. 2d 9 (Fla. Dist. Ct. App. 2003)

. . . See § 732.702(2) Fla. Stat. (2003); Estate of Roberts v. Roberts, 388 So.2d 216, 217 (Fla.1980). . . .

MYERS, v. LEHRER, M. D. B., 671 So. 2d 864 (Fla. Dist. Ct. App. 1996)

. . . Tescher, 578 So.2d at 703; § 732.702(1), Fla.Stat. (1995); cf. Monks v. . . .

NAHAR, v. A- NAHAR,, 656 So. 2d 225 (Fla. Dist. Ct. App. 1995)

. . . See also § 732.702, Fla.Stat. (1991). But see Sanchez v. . . .

In ESTATE OF DUGGAN, S. WIDMAN, v. DUGGAN, T., 639 So. 2d 1071 (Fla. Dist. Ct. App. 1994)

. . . Nevertheless, he concluded, section 732.702, Florida Statutes (1991), “does not mean what it says, when . . . We begin first with the text of the statute which the court felt did not mean what it says: “732.702 . . . Certainly there is nothing in the text of section 732.702 remotely suggesting such a “Through The Looking-Glass . . . If section 732.702 does not entirely overrule Weeks, surely it codifies the public policy of this state . . . waiving any participation in her husband’s probate estate is found in the agreement itself and in section 732.702 . . .

B. JACOBS, v. W. O. JACOBS, a k a O. a k a W. O., 633 So. 2d 30 (Fla. Dist. Ct. App. 1994)

. . . . § 732.702(1), Fla.Stat. (1987). But the plaintiff below executed no such waiver at any time. . . .

KING, f k a v. T. ELLISON, a k a a k a a k a, 622 So. 2d 598 (Fla. Dist. Ct. App. 1993)

. . . Section 732.702(1), Florida Statutes (1975). This was not done. . . .

B. CUILLO, v. S. CUILLO,, 621 So. 2d 460 (Fla. Dist. Ct. App. 1993)

. . . In the early 1970s, the legislature adopted what is now codified as section 732.702(2), Florida Statutes . . . the court held: The rule announced in Del Vecchio was legislatively changed by that part of section 732.702 . . . coerced or otherwise improperly obtained or that she was incompetent at the time she signed, section 732.702 . . . involved a claim by surviving spouses that those prenuptial agreements were unenforceable, and section 732.702 . . . deci-sional rule is also applicable to dissolution of marriage proceedings: (1) the actual text of section 732.702 . . . Weintraub, 417 So.2d 629 (Fla.1982), the court held that section 732.702(2) does not apply outside probate . . .

OLIVEIRA, v. B. STURM, 610 So. 2d 108 (Fla. Dist. Ct. App. 1992)

. . . her death and is entitled to the entire intestate estate, unless a valid waiver or disclaimer, see §§ 732.702 . . . determining that the September 27 affidavit was a valid waiver of Oliveira’s rights pursuant to section 732.702 . . .

In ESTATE OF SHORE,, 605 So. 2d 951 (Fla. Dist. Ct. App. 1992)

. . . agreement was invalid due to the decedent’s failure to make a financial disclosure pursuant to section 732.702 . . . postnuptial agreement was invalid because neither party made a financial disclosure pursuant to section 732.702 . . .

IN RE ESTATE OF SHORE, 49 Fla. Supp. 2d 156 (Fla. Cir. Ct. 1991)

. . . postnuptial agreement fails because of the lack of fair-disclosure as required by Florida Statute § 732.702 . . .

CITY NATIONAL BANK OF FLORIDA, v. R. TESCHER,, 578 So. 2d 701 (Fla. 1991)

. . . See section 732.702(1), Florida Statutes (1975); Hulsh v. . . .

PEDRICK v. CITIZENS AND SOUTHERN TRUST COMPANY, 48 Fla. Supp. 2d 148 (Fla. Cir. Ct. 1991)

. . . Deed constitutes a valid waiver of her homestead rights in the subject property as provided under § 732.702 . . .

THOMAS, v. D. THOMAS,, 571 So. 2d 499 (Fla. Dist. Ct. App. 1990)

. . . The probate court ruled that the husband waived all rights under section 732.702, and denied the husband . . .

E. WADSWORTH, III, v. FIRST UNION NATIONAL BANK OF FLORIDA,, 564 So. 2d 634 (Fla. Dist. Ct. App. 1990)

. . . Section 732.702(1), Florida Statutes permits a surviving spouse to waive her homestead rights, if done . . .

HARTWELL, v. BLASINGAME,, 564 So. 2d 543 (Fla. Dist. Ct. App. 1990)

. . . waived her constitutional homestead rights to this house in a prenuptial agreement pursuant to section 732.702 . . . Section 732.702(1), Florida Statutes (1979), states: Waiver of right to elect and of other rights.— ( . . . a spouse may validly waive his or her homestead rights through a prenuptial agreement under section 732.702 . . .

GORDON, v. RUSSELL, 561 So. 2d 603 (Fla. Dist. Ct. App. 1990)

. . . See § 732.702(2), Fla.Stat. (1989). . . .

In ESTATE OF F. SPANGENBERG. SPANGENBERG, v. K. TATE, F., 561 So. 2d 315 (Fla. Dist. Ct. App. 1990)

. . . In Trapani, this court held that section 732.702, Florida Statutes (1985), does not require a person . . . Span-genberg’s claim by relying upon the agreement and the provisions of section 732.702, Florida Statutes . . . Section 732.702(1) permits the rights of-a pretermitted spouse to be waived “by a written contract, agreement . . . Section 732.702(2) provides: Each spouse shall make a fair disclosure to the other of his* or her estate . . . Section 732.702(2) eliminates these requirements for valid prenuptial agreements in probate proceedings . . .

DELGADO, v. COTTA LOPEZ,, 546 So. 2d 1075 (Fla. Dist. Ct. App. 1989)

. . . See § 732.702, Fla.Stat. (1987). . . . accordance with sections 732.201 and 732.301, but ruled that Joseph waived his rights under section 732.702 . . .

IN RE ESTATE OF WILLIAMS, 31 Fla. Supp. 2d 35 (Fla. Cir. Ct. 1988)

. . . The court is unable to locate any Florida case directly on point interpreting F.S. 732.702 in relation . . .

ESTATE OF H. SAGE, v. SAGE,, 515 So. 2d 1324 (Fla. Dist. Ct. App. 1987)

. . . . § 732.702(2), Fla. Stat. (1985). . . . The Supreme Court of Florida has looked to the date of death to determine whether to apply section 732.702 . . . signing of the agreement and the death of the decedent both occurred after the effective date of section 732.702 . . .

In ESTATE OF B. CLEEVES, C. JEWETT, v. SUN BANK SOUTHWEST, N. A. B. Co- B. B. B. C. C. C. B. CLEEVES, v. In ESTATE OF B. CLEEVES,, 509 So. 2d 1256 (Fla. Dist. Ct. App. 1987)

. . . Cleeves filed as copersonal representative, however, is not a contract as provided for by section 732.702 . . .

TRAPANI, v. GAGLIARDI,, 502 So. 2d 957 (Fla. Dist. Ct. App. 1987)

. . . been no disclosure of assets by either party, and that the agreement was invalid pursuant to section 732.702 . . . Section 732.702 provides in subsection (1) that certain rights of a surviving spouse “may be waived . . . . relating back in time to the premarital oral agreement and thus satisfied the requisites of section 732.702 . . . The court concluded that the written agreement was not enforceable because section 732.702 requires in . . . The legislative declarations in section 732.702 that no asset disclosure is necessary in connection with . . .

BARNETT BANK OF PALM BEACH COUNTY, v. ESTATE OF READ, Jr., 493 So. 2d 447 (Fla. 1986)

. . . the probate court pursuant to section 733.16, Florida Statutes, (1965) (the predecessor to section 732.702 . . .

M. STREGACK, v. D. MOLDOFSKY,, 474 So. 2d 206 (Fla. 1985)

. . . antenuptial agreement based upon fraudulent nondisclosure of assets by a decedent spouse, in light of section 732.702 . . . While acknowledging that section 732.702 eliminated the disclosure requirement for an antenuptial agreement . . . The legislature changed this rule by enacting subsection 732.702(2), which provides: “Each spouse shall . . . Relying on subsection 732.702(2), the Coleman court affirmed the denial of. a surviving spouse’s motion . . . Section 732.702 allows complete control over assets accumulated over a lifetime without fear that a partial . . . Section 732.702, Florida Statutes relieved each party from making a disclosure of his or her assets, . . .

B. HAHN, Jr. v. J. HAHN,, 465 So. 2d 1352 (Fla. Dist. Ct. App. 1985)

. . . See § 732.702(2), Fla.Stat. (1983). . . . .

EVERED E. Jr. Co- Jr. v. EDSELL,, 464 So. 2d 1197 (Fla. 1985)

. . . Downing for the proposition that such a presumption is not warranted under section 732.702, Florida Statutes . . . coerced or otherwise improperly obtained or that she was incompetent at the time she signed, section 732.702 . . .

R. CRITCHLOW, v. T. WILLIAMSON, T. WILLIAMSON, v. R. CRITCHLOW,, 450 So. 2d 1153 (Fla. Dist. Ct. App. 1984)

. . . In addition to the fact that this was not the basis for the court’s decision, we note that section 732.702 . . .

D. MOLDOFSKY, v. M. STREGACK,, 449 So. 2d 918 (Fla. Dist. Ct. App. 1984)

. . . The sole question presented is whether section 732.702, Florida Statutes (1983), which eliminates the . . . In Estate of Roberts, 388 So.2d 216 (Fla.1980), the supreme court acknowledged that section 732.702 abrogated . . . The legislative purpose in adopting section 732.702(2) was to abrogate the long-established common law . . . In finding section 732.702(2) constitutional, the supreme court declared that: [t]he right to have an . . . To the extent Coleman may be interpreted to condone fraudulent nondisclosure under section 732.702(2) . . .

In ESTATE OF EDSELL, Jr. EDSELL, v. EVERED E. Jr. Co-, 447 So. 2d 263 (Fla. Dist. Ct. App. 1983)

. . . Section 732.702(2), Florida Statutes (1983) makes valid all antenuptial agreements, even in the absence . . . Section 732.702(2) provides: (2) Each spouse shall make a fair disclosure to the other of his or her . . .

B. COLEMAN, v. ESTATE OF S. COLEMAN,, 439 So. 2d 1016 (Fla. Dist. Ct. App. 1983)

. . . Del Vecchio, 143 So.2d 17 (Fla. 1962) and the effect on that case of Section 732.702, Florida Statutes . . . Subsequent to these decisions, however, the legislature added Section 732.702(2) pertaining to antenuptial . . . coerced or otherwise improperly obtained or that she was incompetent at the time she signed, section 732.702 . . .

In ESTATE OF TAPPER,, 432 So. 2d 135 (Fla. Dist. Ct. App. 1983)

. . . . §§ 732.701 «fe 732.702, Fla.Stat. (1981). . . .

HULSH v. R. HULSH,, 431 So. 2d 658 (Fla. Dist. Ct. App. 1983)

. . . Section 731.005(1), Florida Statutes (1975) (currently § 732.702(1), Fla.Stat. (1981)), provides: “The . . .

IN RE ESTATE OF RALPH JAMES EDSELL, JR., 3 Fla. Supp. 2d 163 (Fla. Cir. Ct. 1983)

. . . Under section 732.702 of the Florida Probate Code, an agreement so executed is binding without regard . . . The Florida Supreme Court has held that section 732.702 applies solely to probate proceedings, and that . . .

In ESTATE OF W. KENTON, Jr. W. Sr. v. KENTON,, 423 So. 2d 531 (Fla. Dist. Ct. App. 1982)

. . . contained in the separation agreement and signed by the wife, when read in conjunction with section 732.702 . . . UPCHURCH, Jr., and CO-WART, JJ., concur. . § 732.702 Fla.Stat. (1981): (1) The right of election of a . . .

FLAGSHIP NATIONAL BANK OF MIAMI Jr. v. KING,, 418 So. 2d 275 (Fla. Dist. Ct. App. 1982)

. . . The trial judge held that the provisions of Section 732.702(2), Fla.Stat. (1979), which require a “fair . . . Our disagreement with this position is necessarily based on our interpretation of Sec. 732.702, Fla.Stat . . . In this light, we ascribe no particular significance to the fact that Sec. 732.702(2) refers to agreements . . . waiver of his more valuable rights in hers and that, therefore, the “fair disclosure” contemplated by § 732.702 . . .

I. WEINTRAUB, v. L. WEINTRAUB,, 417 So. 2d 629 (Fla. 1982)

. . . court certified to have passed upon the following question of great public importance: Does Section 732.702 . . . The rule as to probate was changed in 1974 when the legislature enacted what is now section 732.702(2 . . . wealthier spouse, the antenuptial agreement will be valid in the absence of disclosure under section 732.702 . . . Section 732.702 provides: (1)The right of election of a surviving spouse, the rights of the surviving . . . Section 732.702 is found in Part VII of the Florida Probate Code, entitled “Contractual Arrangements . . .

HOLLAND, v. HOLLAND,, 406 So. 2d 496 (Fla. Dist. Ct. App. 1981)

. . . Section 732.702, Florida Statutes (1979), provides that the rights of a surviving spouse may be waived . . .

KOUCHEL, v. KOUCHEL, 403 So. 2d 2 (Fla. Dist. Ct. App. 1981)

. . . Estate of Roberts, 388 So.2d 216 (Fla.1980); Section 732.702(2), Florida Statutes (1976); Rule 1.100( . . .

ESTATE OF De GARCIA, v. GARCIA, De, 399 So. 2d 486 (Fla. Dist. Ct. App. 1981)

. . . Garcia of rights by virtue of a statute enacted after the execution of the agreement (F.S. 732.702) while . . . Section 732.702 provides that a right of election may be waived: (1) The right of election of a surviving . . . contract, or waiver shall be necessary to its validity, whether executed before or after marriage. § 732.702 . . . or undetermined assets, not only because the future is unforeseeable, but also because under section 732.702 . . . The waiver provisions of the statute in effect at the time of her death, section 732.702, Florida Statutes . . .

I. WEINTRAUB, v. L. WEINTRAUB,, 395 So. 2d 302 (Fla. Dist. Ct. App. 1981)

. . . The issues raised in this appeal are (1) whether Section 732.702, Florida Statutes (1977), is applicable . . . I agree with the majority that Section 732.702 is not applicable to dissolution of marriage proceedings . . . I reach this conclusion based on the fact that Section 732.702 is contained within Part VII of Chapter . . . (emphasis added) and 732.702 itself is entitled, “Waiver of Right to Elect and of other Rights,” and . . . My decision as to the inapplicability of 732.702 is consistent with that of the Third District Court . . . enforced by the chancellor was eliminated for certain purposes, at least, by a 1974 amendment to Section 732.702 . . . to eliminate those common law restrictions on “contractual arrangements relating to death,” Section 732.702 . . . of great public importance, Article V, Section 3(b)(4), Florida Constitution, namely: Does Section 732.702 . . .

BAKER, v. E. BAKER,, 394 So. 2d 465 (Fla. Dist. Ct. App. 1981)

. . . standards established in Del Vecchio as they apply to antenuptial agreements have been supplanted by § 732.702 . . .

TOPPER, v. STEWART,, 388 So. 2d 1270 (Fla. Dist. Ct. App. 1980)

. . . Sam Liptzen having died in October 1976, we find that Section 732.702, Florida Statutes (1975, effective . . . Specifically, subsection 2 of the statute clearly states: “732.702 Waiver of right to elect and of other . . . (Nevertheless, we hasten to point out that Section 732.702, Florida Statutes (1975) is part of the Probate . . .

ESTATE L. ROBERTS, ROBERTS, v. W. ROBERTS,, 388 So. 2d 216 (Fla. 1980)

. . . Roberts appeals from a circuit court summary final judgment upholding the constitutionality of section 732.702 . . . She claims that section 732.702(2) is unconstitutional because it denies access to the courts, due process . . . Roberts did not make a fair disclosure of his wealth and claiming that section 732.702(2), the statute . . . Roberts argues that section 732.702(2) denies her access to the courts because it abolishes a common . . . The rule announced in Del Vecchio was legislatively changed by that part of section 732.702(2) which . . .

In ESTATE W. REED, W. REED, Jr. v. M. REED,, 354 So. 2d 864 (Fla. 1978)

. . . Although the standards established in Del Vecchio have been supplanted by statute, Section 732.702, Florida . . .