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Miami postnuptial Agreements

The power of a Florida prenuptial agreement

The power of a Florida prenuptial agreement

Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements

“Do I need a prenuptial agreement?” This is a question many have when considering marriage. It is a myth that prenuptial agreements are only for wealthy people or people who have a lot of assets to protect. A prenuptial agreement can be viewed as a way to save considerable money if there is a divorce - you can pay a fraction of what it will cost in attorney’s fees to have issues related to your marriage resolved now, rather than possibly paying a lot more later if these issues need to be decided at the time of divorce. The power of a prenuptial agreement is seen in the recent case Winrow v. Heider, 4D21-3122 (Fla. 4th DCA May 24, 2023).

Enforcement of Florida prenuptial agreements

Enforcement of Florida prenuptial agreements

Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements

When it is time to enforce a Florida prenuptial agreement, both spouses should feel confident that what they agreed to when they married will be honored when they divorce. Sometimes, however, when divorce happens, spouses do not always agree on how words in the agreement are interpreted, leading to expensive litigation. This is why it is important to have an agreement that has straightforward, clear terms. Interpretation of a prenuptial agreement was an issue in the case Shobola v. Shobola, 2D20-3657 (Fla. 2d DCA December 7, 2022).

Florida divorce: Enforcement and interpretation of foreign prenuptial agreements

Florida divorce: Enforcement and interpretation of foreign prenuptial agreements

Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements

Will Florida law be applied to a prenuptial agreement entered in another state or country? If a prenuptial agreement has a “choice of law” provision in which the parties agree that the laws of a state or country will be used to enforce or interpret the agreement, a Florida court will generally apply the other state or country’s laws so long as it is not against public policy. This was an issue in the case Moquin v. Bergeron, 4D21-27 (Fla. 4th DCA May 11, 2022).