Back in September of 2015, the Florida Supreme Court made a landmark ruling
that will play a big role in how attorneys and their clients will treat
prenuptial agreements moving forward. Essentially, this ruling held that
any pre-nup which is entered into voluntarily by both parties will be
binding, regardless of whether or not it turns out to be an unfair agreement
or violates certain laws. For skilled counsel in your family law matters,
call our Brevard County family law attorneys today for a
free case consultation.
A Complex Situation
In 1986, a woman named Dianne “freely and voluntarily” signed
a prenuptial agreement prior to marrying her now ex-husband Harry, who
is nearly 20 years her senior. One provision in this agreement was of
questionable legality, as it prevented her from claiming any right to
property which was in her husband’s name, even if he bought it during
the marriage. Other similar agreements have been struck down in the past
due to the conflict with standard divorce law, but this Supreme Court
ruling will likely set the standard for future cases.
Clear Contracts Must Be Enforced
The opinion of the court was unanimous, and was written by Justice Ricky
Polston. In the opinion, Polston stated that when a contract is “clear
and unambiguous, it must be enforced pursuant to its plain language.”
In other words, if the information in the agreement can be clearly understood,
it is enforceable. This underscores the importance of hiring a qualified
Brevard County family law attorney who can help you make sure your rights
are protected in a prenuptial agreement.
Call Today for Skilled Counsel
At Henderson and Futchko, our highly experienced attorneys have a thorough
understanding of prenuptial agreements, divorce, and many other aspects
of family law. When you choose our Brevard County family lawyers, you
can expect dedicated, focused counsel designed to with your best interests in mind.
Don’t hesitate to secure the skilled, compassionate representation
you need. Contact us today at (321) 348-4520.