When we last discussed prenuptial agreements in this blog, we focused primarily on the creation and enforceability of such agreements, and uncovered that a valid premarital agreement may be unenforceable for a variety of reasons pursuant to Florida Statute 61.079. So how does this actually play out in real life? Within this blog, we now […]
Category: Prenuptial Agreement
Are prenuptial agreements enforceable?
A Premarital Agreement, commonly known as a Prenup, is, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. 61.079(2)(a). Said agreements may be enforceable, as well as unenforceable, in a variety of different situations. To begin to understand this area of the law, one needs to explore Florida […]
Hahamovitch v. Hahamovitch
A case that was talked about extensively at last year’s certification review in Orlando, Hahamovitch v. Hahamovitch, has returned, this time with the Supreme Court weighing in and approving the 4th DCAs opinion. The case involves interpretation of prenuptial agreements. The 2d DCA case of Irwin v. Irwin and the 3d DCA case of Valdes […]
Berg v. Young
Berg v. Young concerns the interpretation of a prenuptial agreement. Ultimately the 4th DCA reversed the finding regarding a denial of attorney’s fees because the prevailing party should have been awarded his fees based upon a plain reading of the agreement. Also reversed was the award to the wife of attorney’s fees based upon section […]