Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Couples getting divorced in Florida who had a prenuptial agreement entered in another state or even another country may wonder whether or not the agreement will be valid in Florida. The answer to this question as is the case with many other legal questions is “It depends”. Today we review a case in which the parties entered a prenuptial agreement in Israel and in their Florida divorce, the wife objected to enforcement of the agreement.
In Gal v. Gal, 243 So.3d 466 (Fla. 5th DCA 2018), the parties entered a prenuptial agreement in Israel which included a provision that Israel’s “Spouses Property Relations Law” would govern. Less than five years after they married, the former husband filed a petition for dissolution and requested summary judgment that validated the prenuptial agreement. The former wife filed a motion to set aside the agreement, arguing it was unconscionable.
After a hearing, the trial court sided with the former wife, stating in its order, “Neither party has sought to challenge the Agreement in Israel, rather all pleadings have been filed in Florida. The Court is applying the law of the state of Florida.” No other information was contained in the order concerning the choice of law provision in the agreement or why the agreement was found to be unconscionable. The former husband appealed this order.
The appellate court agreed with the former husband and set aside the trial court’s order. The court relied on established law that Florida courts enforce contractual choice-of-law provisions unless enforcing the forum’s law would go against strong Florida public policy. Since the trial court’s order did not address this (the preliminary question in the case), the appellate court ruled the trial court’s order was erroneous.
So, as long as a foreign prenuptial agreement does not go against Florida public policy, it will generally be recognized and enforced in Florida. How do you know if a provision goes against public policy? This analysis happens on a case-by-case basis since the term “public policy” is very broad. However, provisions which, for example, promote divorce or are not in the best interest of children, may be provisions a Florida court may find to be against public policy.
The best way to get specific answers to your questions about your case is to schedule a consultation with a Miami prenuptial agreement lawyer. During a meeting, documents can be reviewed and analysis can be provided concerning your case.