Contested Prenuptial Agreements in Florida: What Florida Courts Look For

Prenuptial agreements are often used in Florida to establish rights and obligations in case of a divorce. While these agreements are generally upheld, they are reviewed with great scrutiny by the Florida courts when one party contests them. A case from Florida’s Second District Court of Appeals shows how issues of financial disclosure and knowledge can negate an otherwise valid prenup.

Background of the case

In this dissolution of marriage case, the couple entered into a prenuptial agreement prior to their marriage. The prenup significantly limited and waived the wife’s rights to the husband’s property. The couple eventually separated several years later, and the husband requested that the prenuptial agreement be enforced. The wife, however, argued against enforcing the prenup, stating that she did not have adequate knowledge of the husband’s financial resources when she entered into the agreement. She further argued that she did not receive full and fair disclosure of the husband’s assets and income, which prevented her from making an informed decision regarding the waiver of her rights under Florida’s equitable distribution statutes. The wife’s arguments, however, were denied by the court, which chose to enforce the agreement. The wife appealed.

The appeal

On appeal, the Second District Court of Appeal reviewed the issue of whether the prenuptial agreement was enforceable. The court reviewed long-standing rules regarding antenuptial agreements, which must either contain full and fair disclosure of assets or certain evidence that the opposing party had a general or approximate knowledge of the other party’s finances.

The Second District Court of Appeal reviewed the case and ruled that the trial court failed to properly apply these rules. There were serious questions about whether or not the wife had knowledge of the husband’s assets, as well as whether or not she had been given full disclosure before she executed the agreement. As long as it could not be properly established that the wife had been given full disclosure or had knowledge of the husband’s resources, it was not appropriate to enforce the agreement. As such, the appeals court reversed the decision, remanding the case back to the trial court for further proceedings.

Key takeaways

This case illustrates a number of vital lessons for those going through a divorce. First, full disclosure is significant. The prenuptial agreement could be subject to dispute if one of the individuals is not able to show full disclosure or the other’s full knowledge of the assets in question.

Second, the court’s role. While this prenup was executed correctly, appellate courts scrutinize the circumstances surrounding its execution, especially when one individual is disadvantaged under its terms.

Lastly, the decision shows the importance of drafting prenups. While these agreements can be contentious, individuals seeking prenuptial agreements should ensure full and adequate disclosure. Such measures can prevent the agreement from being voided later.

Talk to a St. Petersburg, FL, Family Law Attorney Today

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents who are planning to divorce. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your goals right away.

Source:

casemine.com/judgement/us/59148429add7b049344b295f