The trial court erred in applying the clear and convincing standard of proof to plaintiff’s claim that the premarital agreement between the parties was invalid. In civil matters, the appropriate standard of proof is preponderance of the evidence unless a different standard has been adopted by statute or case law.  The trial court denied plaintiff’s request to declare the premarital agreement between the parties void and unenforceable, concluding that “[p]laintiff has not presented clear and convincing evidence to rebut the validity” of the agreement. 



Plaintiff appealed and the court of appeals vacated the trial court order and remanded the case, holding that the trial court used the incorrect standard of proof. In civil cases, the standard of proof is preponderance of the evidence “unless a different standard has been adopted by our General Assembly or approved by our Supreme Court.”