Miami family law attorney blog
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Miami prenuptial agreement lawyer
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
When a spouse files a motion to set aside a prenuptial agreement, this may mean a divorce case is paused on certain issues until the court makes a decision as to the validity of the agreement. This was an issue in the case Smith-Fullerton v. Fullerton, 5D2024-0855 (Fla. 5th DCA December 6, 2024).
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).
