Antenuptial Agreement Leaves Wife Destitute In Florida Divorce Case

Before you sign any agreement related to a divorce, you should have that agreement analyzed by a lawyer. The results of failing to do so can leave you holding the short end of the stick. In one Florida divorce case, Waton v. Waton, the wife signed an antenuptial agreement waiving her right to receive alimony and equitable distribution. To make matters worse, the wife had not worked in 13 years and the husband had considerable wealth including a net worth of $3 million. While the court acknowledged that the agreement was unreasonable, it ruled that “an unreasonable agreement freely entered into is still enforceable.” In this case, the wife appealed hoping that the court would find that the antenuptial agreement was unenforceable. In this article, the Tampa divorce lawyers at Faulkner Law Group, PLLC will discuss the decision, the appeal, and how we strive to avoid outcomes like this for our clients.

The appeal 

Once the wife entered into the agreement, she was stuck making one of a few arguments that the court could consider to void it. In this case, the wife argued that the husband failed to make a full and fair disclosure of his net worth and income to the wife at the time she signed the antenuptial agreement. The trial court found no evidence that the husband hid assets from the wife during disclosure. The appeals court could find no evidence that the husband hid his assets either. As a result, the wife was stuck with an antenuptial agreement that relinquished all of her rights to the marital estate and alimony.

Background 

In this case, the parties decided to get married after living together for six months. The husband had previously been divorced and used his experience to his advantage. The husband insisted that the wife sign an antenuptial agreement. The wife, who was a native of Morocco, was 34 years old at the time of the marriage. The wife contended that she did not speak English well, while the husband testified that English was the only language she spoke throughout the duration of her marriage. The wife had also attained a GED and passed a cosmetology exam in English.

At no time did the wife ever indicate that she did not understand the legal consequences of signing the agreement. The agreement stated that the husband was entitled to all property that he currently owned and “any hereinafter acquired, including any salary or income or dividends from such assets or interests.” The agreement also stated that neither party would be entitled to any sort of monetary support from the other.

Ultimately, the trial and appeals court both found that the agreement was enforceable. The wife was left essentially destitute because she signed a very one-sided antenuptial agreement. Though she was represented by counsel, the suggestions were provided by her husband’s attorney.

Talk to a Tampa, FL Divorce Lawyer Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents who intend on getting divorced. Call our Tampa family lawyers today to schedule an appointment, and learn more about how we can help.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/1048325.html