Household Code Chapter 4 Premarital And Marital Property Agreements
Accomplished Monetary Disclosure From Both Events
The prenuptial settlement was drafted before the actual property market collapse in 2008 and did not anticipate a drastic drop in the residence’s value. The husband tried to void this provision as a result of the change in home values made the deal considerably worse for him. However, the court upheld the prenuptial settlement and ordered both parties to satisfy its performance. This could possibly be a difficulty the place one celebration had a excessive-earnings job when the prenuptial agreement was signed and thus did not request alimony. Then, during the marriage, that party grew to become unable to work because of a disability. Though their monetary state of affairs has drastically modified, because the best to alimony was waived initially, they can’t receive alimony on the time of divorce.
Therefore, you have to seek the advice of with a Tampa divorce legal professional skilled in Florida prenuptial settlement legislation. Under Florida prenuptial agreement regulation, a prenup could also be enforceable even if the phrases are unfair. For instance, in Ferguson v. Ferguson, the court docket upheld a prenuptial agreement to switch real estate earlier than the market decline. Per the agreement, the husband was to retain sole ownership of the home in change for paying the spouse $185,000. Additionally, the husband was to indemnify the spouse from any property taxes, assessments, or other property-associated bills.
Not all elements of a Florida divorce can be resolved with a prenuptial agreement. For instance, a courtroom … Read More