Florida law provides specific grounds under Florida Statute 61.079 for challenging the enforceability of a premarital agreement. Courts apply these statutory standards alongside traditional contract principles. Understanding how these challenges arise is essential in evaluating both the strength and vulnerability of a marital agreement. Lack of Voluntariness A marital agreement may be unenforceable if a …
Contract Law Rules That Control Marital Agreements in Florida Marital agreements—including prenuptial and postnuptial agreements—are governed not only by statute, including Florida Statute 61.079, but also by longstanding principles of contract law. Florida courts consistently evaluate these agreements through the lens of traditional contract formation and enforcement doctrines. Understanding these contract principles is essential to …
Florida’s Uniform Premarital Agreement Act (UPAA) Florida’s Uniform Premarital Agreement Act, or UPAA, sets the statewide standard for how courts evaluate prenuptial agreements. Adopted in 2007 and codified at Florida Statute § 61.079, the UPAA replaced older case law with clear rules governing voluntariness, disclosure, and fairness. For couples in Brevard County—from Melbourne and Viera …
Voluntariness & Disclosure – The Foundation of Enforceability Voluntariness: No Pressure, No Surprise A marital agreement must be entered into voluntarily. This means both parties signed without coercion, duress, or undue influence. If one spouse feels pressured — whether by time, emotion, or manipulation — a court may find the agreement unenforceable. Common warning signs …
2024 Florida Case Roundup: What’s New for Marital Agreements? Florida appellate courts continued to sharpen the rules around drafting and enforcing prenups, postnups, and MSAs in 2024. Here are plain-English takeaways for families in Brevard County—from Titusville to Palm Bay—so you can see how judges are thinking about these contracts. 1) Courts won’t “rewrite” clear …
Marital Agreements 101: What Prenups, Postnups & MSAs Actually Do (Florida) If you’re getting married (or already married) and want clarity around money, property, or future “what-ifs,” a marital agreement is simply a roadmap. In Florida, these agreements come in three common forms: Why people in Brevard County use them Clients from Melbourne to Titusville …
How Timing of Divorce Filing Affects Equitable Distribution In Florida, the timing of when a divorce is filed can have a significant impact on the equitable distribution of assets and liabilities. While many divorcing couples focus on what property exists and how it should be divided, when you file can influence how property is classified, …
Should You Settle or Go to Court Over Property Division? One of the most critical decisions in a Florida divorce is whether to resolve property division through settlement or litigation. While court intervention is sometimes necessary, Florida law and precedent strongly favor parties resolving disputes by agreement whenever possible. Why Florida Favors Settlement The Florida …
Interim Partial Equitable Distribution Florida Statute §61.075(5) allows interim partial distribution of marital assets before final judgment, but only in exceptional situations. Amendments effective July 1, 2024, require: These distributions are not automatic. Courts must balance urgency with fairness. If you are considering requesting interim distribution: Typical scenarios may include when one spouse has no …
Trial Court Cannot Average Valuations When parties disagree on value, courts must choose one-side or another based on competent evidence, unless there is a reason to average. In Giles v. Giles, 298 So. 3d 1277 (Fla. 2d DCA 2020), the trial court “split the difference” between home valuations, and the appellate court reversed. To improve …
