Coxwell v. Coxwell

HUNSTEIN, Justice.

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…