Can a prenup protect future assets in Florida?
According to Florida law, a prenuptial agreement can protect future assets, including property acquired during marriage and appreciation of premarital property, but only when the agreement contains clear, broad, and unambiguous language specifically addressing these...
Can a party exploit another in an antenuptial agreement?
According to Florida case law, a party to an antenuptial agreement may not exploit the other party for financial gain. Parties must act in good faith and with candor and sincerity. Courts will scrutinize such agreements for fairness and will not uphold terms that...
Do antenuptial parties deal at arm’s length with each other?
According to Florida case law, parties to an antenuptial agreement do not deal with each other at arm’s length. Because the relationship is based on mutual trust and confidence, courts apply a higher standard of scrutiny to ensure fairness and full disclosure. See:...
Are antenuptial agreements presumed valid?
According to Florida case law, antenuptial agreements are presumed valid and are interpreted in the same manner as other types of contracts. This is true even though the parties have a relationship of trust and confidence towards one another. See: In re Estate of...
Can prenuptial agreements waive alimony rights legally?
According to Florida case law, prenuptial agreements are valid and may legally include a waiver of a party's right to alimony. Courts will uphold such waivers as long as the agreement was entered into voluntarily and with full disclosure. See: Dienstag v. Dienstag 864...
Which state determines the legitimacy of a child?
According to Florida case law, the law of the father's domicile governs the determination of a child's legitimacy. This means that legitimacy is not necessarily based on where the child was born or resides, but rather where the father is legally domiciled. The general...
Is an antenuptial agreement enforceable against an estate?
According to Florida case law, an antenuptial agreement is a valid contract and is enforceable against a spouse’s estate. The agreement remains binding after death, provided it was entered into voluntarily and meets legal requirements. See: Gridley v. Galego 698 So.2d...
Is a child conceived during marriage but born after divorce legitimate?
According to Florida case law, a child conceived during a marriage but born after its dissolution is considered legitimate. Florida courts strongly uphold this status, calling the presumption of legitimacy in this situation one of the strongest rebuttable presumptions...
Is requiring an antenuptial for marriage considered duress?
According to Florida case law, it is not considered duress for one party to condition marriage on the execution of an antenuptial agreement. Simply stating that there will be no marriage without such an agreement does not amount to coercion under the law. See: Ziegler...
Can paternity alone justify a name change for a child?
According to Florida case law, a finding of paternity cannot, by itself, justify changing a child's surname. A name change is appropriate only if there is clear evidence that it serves the best interests or welfare of the child. The party requesting the change bears...