Many people take the practical measure of entering into prenuptial agreements prior to marrying. If their marriage ends in divorce, a party that consented to the terms of a prenuptial agreement cannot then attempt to evade them by arguing that they are vague or that the court lacks a basis…
It is not uncommon for a couple to take a practical view of marriage and enter into prenuptial agreements prior to their wedding. Florida courts will typically enforce prenuptial agreements entered into in Florida as long as they were executed in accordance with Florida law. It is not always immediately…
While many people think of prenuptial agreements as instruments used for protecting assets in the event of a divorce, they can also help to determine how property will be disbursed if either party dies. As parties cannot opine on the intent of certain provisions from the grave, it is critical…
Both in this blog and elsewhere, you may read about the importance of having a powerful South Florida family law attorney by your side “every step of the way.” That’s definitely true if you are someone who is seeking to create a premarital (a/k/a prenuptial) agreement. You need strong legal…
As anyone who’s been through divorce litigation knows, getting a favorable ruling from the judge is a huge step, but it may not be the last step. There may be occasions where, despite a clear order from the court, your ex-spouse doesn’t do what he/she was supposed to do. This…
You’ve probably heard of ”prenuptial agreements” and perhaps “marital settlement agreements,” too. Another agreement, slightly less well-known but no less important, is the “postnuptial agreement.” Each of these three types of legally binding agreements can be very powerful tools and have a very substantial impact on you should you go…
If you’re familiar with ante-nuptial agreements (a/k/a “prenuptial agreements”) at all, then you’re probably familiar with the stereotype surrounding one variety of prenuptial agreement. That stereotype is a financially savvy fiancé who uses his less sophisticated fiancée’s desire, or perhaps need, to marry (along with her lack of financial savvy)…
The law gives parties wide latitude in how they structure the terms of their contractual agreements. The same is generally true when it comes to spouses and the terms of their prenuptial agreements. For example, one Florida couple entered into a prenuptial agreement that waived all rights to future alimony…
A Florida man successfully appealed a trial court ruling that declared the couple’s home to be the wife’s separate property. The Fifth District Court of Appeal overturned the trial court’s ruling, based upon the wording contained in the couple’s prenuptial agreement. That agreement gave each spouse the right to give…
An important new Florida Supreme Court decision helps clarify the applicability of waivers in prenuptial agreements. The court concluded that, if a prenuptial agreement’s terms made it clear that a spouse was waiving and releasing all rights and claims to the other spouse’s separate property, that waiver included the increase…