Articles Posted in Prenuptial and Postnuptial Agreements

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 evident, however, if foreign prenuptial agreements should be upheld. Recently, a Florida court issued an opinion discussing the analysis that must be conducted to determine whether foreign prenuptial agreements are enforceable. If you have questions regarding how a divorce could impact your financial rights and obligations, it is in your best interest to contact a Miami divorce lawyer as soon as possible.

History of the Case

It is reported that the husband and the wife married in Quebec in July 1992. Prior to marrying, they entered into a prenuptial agreement (foreign prenuptial agreement). The agreements stated, among other things, that they adopted the separate property regime set forth by the terms of the Civil Code of the Province of Quebec and that they would pay for any marital expenses in proportion to their respective capabilities.

Allegedly, the parties maintained separate accounts throughout their marriage. They became residents of Florida in 2009. Ten years later, the wife instituted a petition for dissolution of the marriage in which she requested alimony and equitable distribution in accordance with Florida law. In the husband’s response to the petition, he asserted that they largely had separate rather than marital assets and argued that the foreign prenuptial agreement should govern the distribution of any marital property. The case proceeded to trial, after which the court found that the marital residences purchased by the husband were subject to equitable distribution. The husband appealed. Continue reading ›

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 that prenuptial agreements are drafted in a clear and precise manner so that they can be properly interpreted by the courts. A Florida court recently discussed the interpretation of prenuptial agreements in a case in which the wife and the children of the deceased husband disagreed as to the meaning of numerous provisions. If you are engaged and you have substantial assets, it is smart to speak to a knowledgeable Florida marital agreement attorney regarding your options for protecting your wealth.

The Terms of the Agreement

Allegedly, the husband and wife lived together for several years before they decided to wed. The husband briefly mentioned prenuptial agreements before they were engaged but did not mention them again until the day of the wedding. At that point, he demanded that the wife find and complete a prenuptial agreement which she did. The parties then signed the agreement in front of a notary public.

It is reported that the husband died without a will four years after the couple married. The wife sought, among other things, to have the home describe in paragraph two of the agreement to be the husband’s homestead subject to her election of one-half interest. The husband’s children argued that the provision only applied during the husband’s life and that the wife waived any interest in the home. Continue reading ›

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 representation when you negotiate your agreement, when you execute the document and, potentially, when it comes time to enforce that agreement.

That last one – enforcement — is just as important as the others, because it is far from impossible to encounter a spouse who decides they don’t want to “play by the rules” created by that agreement when it comes time to do so.

This was the case for L.B., an ex-wife from the Orlando area. Before she married H.H., the pair created and signed a prenuptial agreement. That contract stated that, if the couple divorced, the husband was required to support the wife, not just during his lifetime, but after his death.

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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 through a divorce. For those reasons (and others,) it is important to have a knowledgeable South Florida family law attorney on your side to advise you on the differences and how best to protect yourself and your family.

A prenuptial agreement is, of course, an agreement made in anticipation of marriage and a marital settlement agreement is made in anticipation of an order of divorce. A postnuptial agreement is something, however, that a couple can create either in anticipation of divorce (as the marriage is breaking down) or while the marriage is still vibrant and intact.

A recent case from Palm Beach County highlighted some of the differences between each of those agreements in terms of enforceability and the importance of those differences. The case involved G.S. and D.S., who married in 1977 but separated for a time in the mid-1990s. They eventually got back together and, in late 1996, they signed an agreement that dealt with the distribution of certain assets in the event of a divorce. At that time, the pair was married, living together and not even thinking about getting divorced.

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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) as a means to get her to sign a one-sided prenuptial agreement, often at the last minute before the wedding.

Of course, many prenuptial agreements are the result of fair, good-faith negotiation and full, honest disclosure on both sides. Some, though, more closely resemble the “stereotype” illustrated above. When they do, and when they are the result of one fiancé placing an undue amount of pressure on the other fiancée, then it may be possible under the law to get the prenuptial agreement invalidated under the legal concept of “duress.” To find out more about invalidating (or enforcing) your prenuptial agreement, be sure to reach out promptly and speak to an experienced South Florida family law attorney.

One recent case from Miami gave a useful illustration of what impermissible duress might look like. Reportedly, six days before H.Z. and R.A.N.’s wedding in Venezuela, and with the bride-to-be four months pregnant with the couple’s second child, the man handed the woman a draft copy of an ante-nuptial agreement that the man’s attorney had written. The agreement made no provision for alimony or equitable distribution. It also lacked many important financial disclosures, but the man promised to provide the financial disclosures before the wedding.