Miami family law attorney blog
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Florida postnuptial agreement
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, a party may be required to pay interest to another party in a Florida divorce case if a payment is overdue. The rate of interest depends on if the parties had a contract specifying the rate. How is the interest calculated? This was an issue in the case Langsetmo v. Metza, 4D21-717 (Fla. 4th DCA March 9, 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 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 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.
Posted by Nydia Streets of Streets Law in Florida Post-nuptial Agreements
Is there a difference between a post-nuptial agreement and a separation/marital settlement agreement in Florida? The answer is yes, and the difference lies in the intent behind each agreement, as well as the intent of the parties with regard to their marriage at the time of executing the agreement. This is illustrated in the case Stephanos v. Stephanos, 4D19-1276 (Fla. 4th DCA June 24, 2020).
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
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
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.
