Miami family law attorney blog
Viewing entries in
Prenuptial Agreements
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement can protect current and future assets if worded correctly. If parties entering a marriage want to ensure that their property remains separate, specific language must be included about this. Enforcement of the language of a prenuptial agreement was an issue in the case Johnston v. Johnston, 2D2021-1457 (Fla. 2d DCA July 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
One key characteristic of a Florida prenuptial agreement is that it can resolve disputes in advance. For example, this agreement can decide how a home is divided between the parties at divorce. Enforcement of a prenuptial agreement was an issue in the case Dalmazzo v. Dalmazzo, 3D22-2072 (Fla. 3d DCA January 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
When it is time to enforce a prenuptial agreement, the court will rely on the clear and unambiguous terms of the agreement in determining what is owed to either party. If the parties agree to resolve their disputes via arbitration in their prenuptial agreement, this may complicate how a divorce is finalized. This was an issue in the case Darling-Ill v. Ill, 4D2022-2433 (Fla. 4th DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
How does a Florida prenuptial agreement affect a spouse’s estate after the spouse’s death? Florida prenuptial agreements often contain clauses which control how each spouse’s property and estate is divided at death. One issue is whether or not a spouse may serve as a personal representative of the other spouse’s estate. This was highlighted in the case Sant Angelo, et. al. v. Sant Angelo, 6D23-658 (Fla. 6th DCA September 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
“Do I need a prenuptial agreement?” This is a question many have when considering marriage. It is a myth that prenuptial agreements are only for wealthy people or people who have a lot of assets to protect. A prenuptial agreement can be viewed as a way to save considerable money if there is a divorce - you can pay a fraction of what it will cost in attorney’s fees to have issues related to your marriage resolved now, rather than possibly paying a lot more later if these issues need to be decided at the time of divorce. The power of a prenuptial agreement is seen in the recent case Winrow v. Heider, 4D21-3122 (Fla. 4th DCA May 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
When it is time to enforce a Florida prenuptial agreement, both spouses should feel confident that what they agreed to when they married will be honored when they divorce. Sometimes, however, when divorce happens, spouses do not always agree on how words in the agreement are interpreted, leading to expensive litigation. This is why it is important to have an agreement that has straightforward, clear terms. Interpretation of a prenuptial agreement was an issue in the case Shobola v. Shobola, 2D20-3657 (Fla. 2d DCA December 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Will Florida law be applied to a prenuptial agreement entered in another state or country? If a prenuptial agreement has a “choice of law” provision in which the parties agree that the laws of a state or country will be used to enforce or interpret the agreement, a Florida court will generally apply the other state or country’s laws so long as it is not against public policy. This was an issue in the case Moquin v. Bergeron, 4D21-27 (Fla. 4th DCA May 11, 2022).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Is a Mahr enforceable in a Florida divorce? A Mahr is an Islamic prenuptial agreement. As with most foreign prenuptial agreements, Florida will recognize and enforce a Mahr. Florida contract law applies to secular parts of this type of agreement, as was noted in the case Parbeen v. Bari, 4D21-431 (Fla. 4th DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement, in addition to determining a spouse’s rights in the event of divorce, can also determine a spouse’s rights in the event of death of the other spouse. When a probate court reviews a prenuptial agreement, the analysis may be different than if a divorce court were reviewing the agreement. This was an issue in the case Williams-Paris v. Joseph, et. al., 4D20-1760 (Fla. 1st DCA September 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement can affect the rights of third parties who are not part of the agreement. For example, a spouse’s ability to give property to a third party might be affected by the terms of a prenuptial agreement. In the case Rangel v. Rangel, 5D20-2366 (Fla. 5th DCA July 30, 2021), the court considered an appeal by the adult son of a husband going through a divorce regarding certain property given to the son by the husband.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A prenuptial agreement entered under the laws of another state can be enforced in a Florida court. In a recent appellate case, a Florida court considered a prenuptial agreement entered in New York and whether or not the alimony award in the contract was meant to be paid after the former husband unexpectedly passed away. The case is Sirgutz v. Sirgutz, 4D20-1875 (Fla. 4th DCA April 28, 2021).
Posted by Nydia Streets of Streets Law in Florida Prenuptial and Postnuptial Agreements
How do you ensure that a Florida prenuptial agreement will be upheld? There are careful steps and considerations which must be taken when a prenuptial agreement is entered, and it is usually not enough for parties to just download a form online and sign it. When a party alleges there is fraud, duress or coercion involved in the entry of this type of agreement, a court must analyze the circumstances surrounding the execution of the agreement. This was an issue in the case Bates v. Bates, 3D19-1884 (Fla. 3d DCA February 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
In the appellate case Famiglio v. Famiglio, 2D18-467 (Fla. 2d DCA May 10, 2019), the court began its written opinion with the statement “The tiniest words can have the greatest consequence.” This thought rings true in this case where the decision turned on the word “a” in a prenuptial agreement which affected the former wife’s entitlement to $1.5 million.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Parties to a prenuptial agreement in Florida are not viewed as dealing with each other at arms’ length. This means the spouses-to-be are fiduciaries and it is expected that they will be fair, honest and open in entering an agreement with each other. This is why Florida prenuptial agreements are viewed differently than other contracts. In the case Ziegler v. Natera, 3D19-86 (Fla. 3d DCA July 10, 2019), the appellate court considered an appeal of a decision to set aside an antenuptial agreement.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Couples getting divorced in Florida who had a prenuptial agreement entered in another state or even another country may wonder whether or not the agreement will be valid in Florida. The answer to this question as is the case with many other legal questions is “It depends”. Today we review a case in which the parties entered a prenuptial agreement in Israel and in their Florida divorce, the wife objected to enforcement of the agreement.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Divorcing parties in Florida often wonder what belongs to whom when it is time to divide assets and debts. Many incorrectly assume that title to an asset or debt decides who owns or owes these. However, as with many aspects of divorce, it’s not so simple and clear cut.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
How important are prevailing party clauses in a Florida prenuptial agreements? As the case Larkin v. Larkin, 207 So.3d 1026 (Fla. 5th DCA 2017) shows, they can mean the difference between paying fees for an unsuccessful challenge to an agreement and having the other party pay those fees.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
If you’re ready to take the important step of marrying your partner, consider the benefits of a prenuptial agreement. Even if you’re already married, a postnuptial agreement may benefit you. Consider frequently asked questions about these agreements to help you understand the benefits.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Prenuptial agreements can be classified as special contracts. They’re contracts that are binding like any other contract you might enter, but they’re “special” because the court looks at them with much more scrutiny than other types of contracts. Certain requirements must be met to shield your agreement from attack, and having an experienced attorney on your side can make all the difference.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Prenuptial agreements are not just for the wealthy. They can benefit almost anyone wanting to get married because they provide what can be thought of as insurance in case happily ever after does not work out.
