Posted by Nydia Streets of Streets Law in Florida Prenuptial and Postnuptial Agreements
How do you ensure that a Florida prenuptial agreement will be upheld? There are careful steps and considerations which must be taken when a prenuptial agreement is entered, and it is usually not enough for parties to just download a form online and sign it. When a party alleges there is fraud, duress or coercion involved in the entry of this type of agreement, a court must analyze the circumstances surrounding the execution of the agreement. This was an issue in the case Bates v. Bates, 3D19-1884 (Fla. 3d DCA February 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Postnuptial Agreements
What is the difference between a prenuptial agreement and a postnuptial agreement in Florida? A prenuptial agreement is entered before the parties get married and a postnuptial agreement is entered after the parties get married. The effect of these agreements is the same - they generally state what will happen if the parties divorce among other matters. The difference lies really in the timing of when the agreement is signed - before or after marriage, but they are equally enforceable when found to be valid. In Singer v. Singer, 4D19-901 (Fla. 4th DCA December 9, 2020), there arose a jurisdictional dispute about a postnuptial agreement.
Posted by Nydia Streets of Streets Law in Florida Post-nuptial Agreements
Is there a difference between a post-nuptial agreement and a separation/marital settlement agreement in Florida? The answer is yes, and the difference lies in the intent behind each agreement, as well as the intent of the parties with regard to their marriage at the time of executing the agreement. This is illustrated in the case Stephanos v. Stephanos, 4D19-1276 (Fla. 4th DCA June 24, 2020).
