Posted by Nydia Streets of Streets Law in Florida Postnuptial Agreements
What is the difference between a prenuptial agreement and a postnuptial agreement in Florida? A prenuptial agreement is entered before the parties get married and a postnuptial agreement is entered after the parties get married. The effect of these agreements is the same - they generally state what will happen if the parties divorce among other matters. The difference lies really in the timing of when the agreement is signed - before or after marriage, but they are equally enforceable when found to be valid. In Singer v. Singer, 4D19-901 (Fla. 4th DCA December 9, 2020), there arose a jurisdictional dispute about a postnuptial agreement.
The trial court denied the former wife’s motion to enforce a postnuptial agreement entered with her former husband and his brother. On appeal, the former wife argued the court erred in determining it lacked personal jurisdiction over the brother, that it erred when it concluded it lacked subject matter jurisdiction to enforce the post-marital agreement, and that the court erred on deciding the merits of the case.
As to the former wife’s first argument, the court held “[The brother] submitted to the court's jurisdiction in the post-dissolution proceeding by executing the post-marital agreement to be ratified and approved by the court. See Babcock v. Whatmore, 707 So. 2d 702, 704 (Fla. 1998) (‘[A] defendant waives a challenge to personal jurisdiction by seeking affirmative relief—such requests are logically inconsistent with an initial defense of lack of jurisdiction.’); Cumberland Software, Inc. v. Great Am. Mortg. Corp., 507 So. 2d 794, 795 (Fla. 4th DCA 1987) (‘If a party takes some step in the proceedings which amounts to a submission to the court's jurisdiction, then it is deemed that the party waived his right to challenge the court's jurisdiction regardless of the party's intent not to concede jurisdiction.’ (citing Sternberg v. Sternberg, 190 So. 486 (Fla. 1939))).”
Turning to the former wife’s second argument, the appellate court agreed with her, holding “The circuit court had subject matter jurisdiction over the post-dissolution proceedings, as subject matter jurisdiction simply means the authority ‘to adjudicate the class of cases to which the particular case belongs.’ Lovett v. Lovett, 112 So. 768, 775 (Fla. 1927). Here, even if the former wife's claim is characterized as an action to enforce a post-dissolution order or an action for breach of contract, the court could adjudicate the former wife's claim for breach of the post-marital agreement. As with personal jurisdiction, the issue was whether [the brother] was properly made a party to the case.”
Last, regarding the merits of the case, the appellate court held “The circuit court concluded the relief sought in the former wife's motion to enforce conflicted with the remedy provided for in the post-marital agreement. Because of the various provisions in the agreement addressing remedies, we hold that it was premature to reach that conclusion on a motion to dismiss and remand for further proceedings.”
If you need help creating, interpreting or enforcing a Florida postnuptial agreement, schedule a consultation with a Miami postnuptial agreement lawyer.