Florida Court Addresses Contested Prenuptial Agreement

Prenuptial agreements can be used in the State of Florida to establish the rights of the couple in the event of a divorce. These agreements can be enforced in Florida, but they can also be set aside if there is a lack of disclosure in the agreement. In this article, we’ll discuss a real case involving a contested prenuptial agreement, which is valuable to those who are litigating their divorce. 

Background of the case 

The couple entered into a prenuptial agreement just before their marriage. The agreement severely limited the wife’s rights to the husband’s assets and income in the event of a divorce. The husband had significantly more assets than the wife when he entered into this agreement.

When the couple later divorced, the husband attempted to uphold this prenuptial agreement. The wife argued that this agreement should not be upheld due to the manner in which it was executed. The wife argued that the agreement was not entered into voluntarily and that she was not provided with adequate information upon which she could make an informed decision regarding the waiver of her marital rights.

The trial court upheld the prenup and dismissed the wife’s arguments regarding its validity. The wife appealed the decision to the Second District Court of Appeal. 

The appeal 

On appeal, the Second District Court of Appeal considered the relevant legal standards for enforcing prenuptial agreements. The appellate court acknowledged that if the prenup was the result of overreaching, coercion, or lack of financial disclosure, it may be unenforceable.

The appellate court determined that the trial court did not consider whether the wife had sufficient knowledge of the husband’s financial status when the prenup was executed. Although it may not be necessary for the wife to be given specific financial disclosure of the husband’s financial status, the law requires the wife to have received either specific disclosure or approximate knowledge of the husband’s estate.

The appellate court determined that the record did not support enforcement of the prenuptial agreement under Florida’s legal standards. The appellate court thus reversed the decision and remanded the case for reconsideration. 

Key takeaways 

This case offers useful insights for anyone contesting a prenuptial agreement. 

• The voluntary nature of the agreement is essential – Prenuptial agreements entered into under duress or without adequate opportunity to assess the consequences are subject to challenge. 

• Disclosure is also significant – A spouse must either receive adequate disclosure or possess sufficient knowledge of the other spouse’s assets and income. 

• The courts aren’t just interested in the agreement – Courts also consider how the agreement was executed.

This case serves as a reminder that the prenuptial agreement is not just a contract. It requires careful drafting, adequate disclosure, and fair execution to satisfy the requirements of Florida law.

Talk to an Orlando, FL, Family Law Attorney Today 

Greater Orlando Family Law can help couples draft an enforceable prenuptial agreement that will withstand the court’s scrutiny. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/second-district-court-of-appeal/2013/2d12-3192.html