Charles B. Schiele has filed a lawsuit against his former attorney, accusing him of legal malpractice in connection with the drafting of an antenuptial agreement. The complaint was filed on November 25, 2024, in the Circuit Court of Palm Beach County, Florida, naming Joseph C. Kempe and his professional association as defendants.

The case revolves around an antenuptial agreement drafted by Kempe for Schiele in 2000, intended to limit Schiele’s financial liability in the event of a divorce from his then-wife, Harriet L. Schiele. According to the complaint, Kempe failed to ensure that adequate financial disclosures were made at the time of drafting the agreement, which led to its invalidation during divorce proceedings initiated by Harriet Schiele in 2022. The court found that the agreement was unreasonable and unfair due to a lack of full disclosure of Charles Schiele’s net worth and income at the time it was executed.

In a January 11, 2023 order by Judge Karen M. Miller, it was determined that Harriet Schiele had no specific or approximate knowledge of her husband’s financial situation when she signed the antenuptial agreement. This ruling came after testimony revealed that Kempe did not have a clear understanding of Florida law regarding financial disclosures for prenuptial agreements at the time he drafted it. During a hearing on December 22, 2021, Kempe admitted under oath that he believed there was no requirement for financial disclosure in prenuptials back in 2000—a misunderstanding contradicted by established case law such as Casto v. Casto.