Fort Lauderdale Divorce Lawyer Blog
Discovery is a key component of Florida divorces, as it allows parties to determine one another’s financial status, which in turn allows the courts to determine their rights and obligations. Such disclosure may not be necessary in cases involving prenuptial or antenuptial agreements, however, as discussed in a recent Florida divorce action. If you are contemplating a divorce and are subject to such an agreement, it is important to understand its enforceability, and you should talk to a Miami divorce attorney as soon as possible.
Case Setting and History
It is reported that the wife and husband executed an antenuptial agreement in 2001, which explicitly stated that the parties agreed not to disclose their financial conditions or the nature and character of their estates and property. Allegedly, the agreement was intended to serve as a settlement framework in the event of a dissolution of marriage. In 2023, the wife filed a petition for divorce and asserted that the terms of the antenuptial agreement exempted her from mandatory financial disclosure.
Reportedly, the husband filed a counter-petition to set aside the antenuptial agreement, claiming that it was invalid and unenforceable. He further requested full financial disclosure from the wife. The wife responded by filing a motion for declaratory judgment, seeking a ruling on the validity of the antenuptial agreement, and a motion for a protective order to stay discovery pending the court’s determination. At a subsequent hearing, the trial court denied the wife’s motion for protective order and authorized full financial disclosure without first addressing the validity of the antenuptial agreement. The wife petitioned the appellate court for certiorari relief.
Antenuptial Agreements in Divorce Actions
The court granted the wife’s petition for certiorari, finding that the trial court’s order departed from the essential requirements of law by failing to determine the validity of the antenuptial agreement before ordering financial disclosure.
Under Florida law, certiorari is appropriate to review a discovery order when the order departs from the essential requirements of law, causes material injury to the petitioner, and effectively leaves no adequate remedy on appeal. The court noted that personal financial information is private and should not be subject to disclosure unless relevant and necessary to the proceedings.
The court emphasized that the validity of the antenuptial agreement directly influenced whether financial disclosure was warranted. Without a determination on the agreement’s enforceability, the trial court’s order risked irreparable harm to the wife’s privacy rights. Accordingly, the court quashed the discovery order and remanded the case to the trial court for further proceedings.
Talk to an Assertive Miami Divorce Attorney
Disputes over finances in divorce actions can be contentious, especially if one party disputes the validity of a marital agreement. If you are considering ending your marriage and you have an antenuptial agreement, it is advisable to talk to an attorney. The assertive Miami divorce attorneys at the Law Offices of Sandy T. Fox, P.A., can assess your case and provide the guidance and representation you need to protect your interests. You can reach us at 800-596-0579 or use our online form to schedule a meeting.