Appeals Court Reverses Decision In Favor Of Wife After Husband Fails To Timely Execute Prenup Clause

Prenuptial agreements are written contracts between a husband and his wife concerning what happens to marital assets and other provisions should the marriage end in divorce. These agreements are broadly enforceable by the courts, even if they’re a bad deal for one party. But the courts will take the text of the prenup literally and enforce it just as it’s written in the agreement. In the case we are about to review, the former husband failed to give notice to the former wife about executing a clause in the prenuptial agreement related to the purchasing of the wife’s equity in the home. The appeals court was forced to overturn the circuit court’s decision because the terms of the prenuptial agreement weren’t followed exactly.

Background of the case 

In this case, the parties’ prenuptial agreement provided multiple options for the parties upon the dissolution of their marriage to dispose of jointly held marital property, including the parties home. The challenged final judgment found that the husband had timely exercised an option in the agreement allowing the husband to purchase the wife’s interest in the home at a fair market value to be determined by an appraiser. The prenuptial agreement, however, also provided that to invoke this option, the former husband was required to give written notice to the wife no later than the sooner of (1) 30 days before the scheduled commencement of mediation and (2) forty-five days after the husband became aware of the dissolution proceeding. 

The trial court’s finding that the husband had timely exercised this option, however, was not supported by competent, substantial evidence. The appeals court reversed the portion of the final judgment making that determination and remanded the issue for further proceedings consistent with this option. 

Prenuptial agreements 

In the case mentioned above, the appeals court found that the trial court failed to put forth evidence that the husband had executed the agreement properly by informing the wife of his intent to buy out her equity in the marital home in the agreed-upon timeframe. In this case, the trial court mistakenly ruled that the husband had informed the wife of his intent. The wife appealed the decision arguing that the husband never gave notice to trigger that option. The trial court would have needed to provide competent substantial evidence that the former husband gave written notice to the wife in the agreed-upon timeframe. Unable to find this evidence, the appeals court ruled against the husband and ordered the trial court to rehear the case under the knowledge that the husband did not execute the clause properly.

Talk to a Tampa, FL Divorce Attorney Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents who want to draft a prenuptial agreement or are pursuing a divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your case right away.

Source:

casetext.com/case/dalmazzo-v-dalmazzo?q=dissolution%20of%20marriage%202022&jxs=fl&sort=relevance&p=1&type=case&tab=keyword