Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Is a Mahr enforceable in a Florida divorce? A Mahr is an Islamic prenuptial agreement. As with most foreign prenuptial agreements, Florida will recognize and enforce a Mahr. Florida contract law applies to secular parts of this type of agreement, as was noted in the case Parbeen v. Bari, 4D21-431 (Fla. 4th DCA March 16, 2022).
The parties’ agreement stated the former husband would pay the former wife “15,00,000” Taka - 5,000 upon marriage and 10,000 in the event of divorce. The former husband argued this clause served to cut off any other form of financial liability he would have in the event of divorce, while the former wife argued this did not bar her from seeking other forms of relief such as equitable distribution and temporary support. The trial court awarded the former wife some equity in the marital home, but denied her request for temporary support, agreeing with the former husband that her recovery was limited by the terms of the prenuptial agreement. The former wife appealed.
The appellate court noted “Thus, while the parties to a prenuptial agreement— Islamic or secular—may contract away their traditional marital rights, they must do so in a way that comports with Florida law, which has a rebuttable presumption in favor of equitable distribution of property in the event of a divorce. See § 61.075(1), Fla. Stat. (2020). To overcome that presumption, the prenuptial agreement’s plain language must unambiguously express a desire to waive equitable distribution. See Ledea-Genaro v. Genaro, 963 So. 2d 749, 752 (Fla. 4th DCA 2007). Overcoming the presumption in favor of equitable distribution requires more than a ‘boilerplate’ reference to waiver. See Weymouth v. Weymouth, 87 So. 3d 30, 35 (Fla. 4th DCA 2012). Furthermore, ‘[t]he court may resort to rules of construction and extrinsic evidence only where the contractual language is ambiguous.’ Ledea-Genaro, 963 So. 2d at 752.”
The court concluded “In the instant case, the Mahr agreement’s plain meaning does not unambiguously express a desire to waive equitable distribution or temporary support. The Mahr agreement consists of a two-page preprinted form with relevant blanks filled in by typewriter. Most of the information contained therein concerns the personal and familial details of the couple, in addition to the date, witnesses, and other procedural matters. Under “amount of dower,” the agreement reflects the following insertion: “15,00,000 - (FIFTEEN LAC) TAKA ONLY,” five lac of which was to be paid at the time of marriage. The Mahr agreement otherwise contains no reference to distribution of the couple’s past, present, or future property. As a result, the Mahr agreement cannot overcome the strong public policy in favor of equitable distribution and, if circumstances merit, temporary support.”
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