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).
In this divorce case, the husband sought to enforce the parties’ prenuptial agreement which in pertinent part allowed him to exercise a buy-out of the marital home. A final judgment of dissolution of marriage was entered which found that the husband timely exercised his right to buy out the wife’s portion of the marital home. The wife appealed.
The appellate court reversed holding “The challenged final judgment found that Husband had timely exercised the agreement’s option allowing Husband to purchase Wife’s interest in the home at a fair market value to be determined by an appraiser. The prenuptial agreement is clear and unambiguous, though, that, to invoke this option, Husband was required to give written notice to Wife no later than the sooner of (i) thirty days before the scheduled commencement of mediation, or (ii) forty-five days after Husband became aware of the dissolution proceeding. The trial court’s finding that Husband timely exercised this option is not supported by competent, substantial evidence; therefore, we reverse that portion of the final judgment making this determination, and remand for further proceedings consistent with this opinion.”
Schedule your consultation with a Miami divorce lawyer to understand how a prenuptial or postnuptial agreement can benefit you.