Coral Gables Prenup Attorney was last modified: August 1st, 2016 by Howard Iken
Video Thumbnail

Coral Gables Prenup Attorney

Experienced, Aggressive Coral Gables Prenup Lawyers

Ready to Fight For You

Ayo and Iken Florida Attorneys and Lawyers

In the Coral Gables area of Miami, Ayo and Iken PLC has an experienced team of lawyers ready to help you draft a prenup, defend your prenup, or work to defeat a previously drafted prenup. Our team understands that clients do not retain us to come in second place. By retaining us you gain access to one of the largest family law firms in the state of Florida. We will put our many combined years of experience to work for you immediately.

In our Coral Gables office, we use a team approach that:

  • Is ready to tackle the complications of Florida prenup agreements with an eye towards achieving success for you.
  • Has the resources and training that will help you prevail in your case.
  • Offers their legal team extensive training to stay on the cutting edge of legal practice.
  • Can rise to any level of competition and do what it takes to come in first.

Free Consultations with our Divorce Attorneys


Meet Our Legal Team


Hiring a divorce attorney is the most stressful time of your life


You may be thinking of getting a divorce, modifying your divorce judgment, or enforcing your judgment.  We can honestly say the next few months will not be the best time in your life. But we can make a difference for you. Your bad situation may become better if you hire the best divorce attorneys for your situation. We can help.


Our goal is to make the experience better

We offer more information

Divorce and Custody Attorneys in Florida

We have a dedicated team of divorce attorneys

Florida Divorce Lawyers



prenup agreement attorney in coral gables


What Not to Put Into a Pre-Nup


Florida Statute 61.079 is Florida’s law of prenuptial agreements, actually called “premarital agreements” in the law, and often called “antenuptial agreements” in court. It covers the eight things you may put into a pre-nuptial agreement in this state. Briefly put, the spouses may contract with respect to:

 

  1. Property,
  2. Mortgages,
  3. Splitting up assets upon separation, divorce, or death,
  4. Alimony,
  5. Wills and Trusts,
  6. Life Insurance,
  7. Choice of law governing the agreement, and
  8. “Any other matter, including their personal rights and obligations, not in violation of either public policy of this state or a law imposing a criminal penalty.”

 

Let’s review this eighth one. It means that the spouses can put anything they want into the prenuptial agreement, including personal matters, as long as the provisions don’t violate the “public policy of this state” or they aren’t criminal acts. Most people know a crime when they hear it. You can’t put into your prenuptial agreement that your wife has to help you rob banks or that she has to engage in insider trading as part of her marriage responsibilities. However, the concept of “public policy” is a little more slippery of a concept. Essentially, contracts are said to be against public policy when they are so disgusting, unfair, odious, or improper that courts refuse to enforce them.

How Low Can You Go?

 

In the case of Baker v. Baker, 622 So.2d 541 (Fla. App. 5 Dist. 1993), Ted and Alyce met each other in a Pennsylvania country club. They were both in their 60s and had been married previously. Ted owned a construction business. Alyce received $55,000 a year as alimony from her previous marriage. Before Ted and Alyce married, they agreed to sign a prenuptial agreement. Each of them chose their own attorneys. Ted’s attorney drafted the agreement but Alyce’s attorney made changes to it.

 

By all accounts, Ted didn’t pressure Alyce at all. He didn’t tell her that she had to sign the agreement in order to marry him. He fully disclosed his financial holdings before they drafted the agreement. Nonetheless, Alyce agreed to waive her rights to any alimony or any of Ted’s property upon divorce. If they got divorced, she would get nothing according to this agreement. However, if she outlived him, she would get the house for her lifetime.

 

They were married for over nine years and then began divorce proceedings in Florida. Alyce had no employment history. She’d given up her $55,000 a year alimony when she married Ted. Now that she and Ted were divorcing, Alyce would be destitute, and likely a ward of the state. She argued before the court that this was so unfair, or in legal terms, “unconscionable” and “overreaching,” that it was against public policy. The first court agreed with her, but the appellate court disagreed.

 

The appellate court pointed out that Alyce had not been deceived, nor was she pressured in any way, and she knew fully well what she was giving up by signing the prenuptial agreement. The court said that in Florida, “antenuptial agreements are valid when executed by the parties with the benefit of full and fair financial disclosure and in the absence of fraud, misrepresentation, or duress.” It also said that, despite that the agreement was unfair and inequitable, it’s basically fine under Florida law to leave an ex-spouse destitute as long as they agreed to it freely and voluntarily.

What Courts Usually Won’t Enforce

 

There are hardly any cases in Florida’s case law where a court found a prenuptial agreement to be against public policy. Nonetheless, Florida’s prenuptial law is the same as 26 other states and the District of Columbia. So we can look to cases in other states and get an idea of the kinds of provisions that courts in general are hesitant to enforce.

Chores and Responsibilities

 

Courts generally don’t get involved in the minutiae of chores like who must clean the bathroom and who must walk the dogs. Courts also generally don’t enforce provisions about a parent (or step-parent’s) responsibilities towards the children.

Living Arrangements

 

Usually, courts don’t enforce agreements about living arrangements.

 

In Mengal v. Mengal, 103 N.Y.S.2d 992, 993 (N.Y. dom. Rel. Ct. 1951), the husband and wife verbally agreed that the wife’s two children from a previous marriage would not live in the house with them. The Court ruled that it was unenforceable because it “threatens the relationship between parent and children and hence would controvert public policy.”

 

In Koch v. Koch, 232 A.2d 157, 158 (N.J. Super. Ct. 1967), a husband and wife had verbally agreed that the husband’s mother could move in with them after marriage. By all accounts, the marriage was perfect until the mother moved in at which point the home became unbearable to the wife, and she moved out with the children, and sued for child support. The husband defended against the suit saying that the wife’s departure was unjustified and therefore under the law in 1960s New Jersey, she wasn’t deserving of child support. The husband said that he wouldn’t have married her if not for the agreement and that she was welcome to return home if she abided by the agreement. The wife won. The court said that it was public policy to “preserve the marriage and eliminate contentious elements that do violence to it” and therefore the court wouldn’t enforce the agreement.

Sexual Relations

 

Courts generally shy away from enforcing provisions about sexual relations. In Favrot v. Favrot, 332 So. 2d 873,875 (La. Ct. App. 1976), the parties agreed to limit sexual encounters to once per week, at the husband’s insistence. (Really?) Later, they divorced (Are you surprised?), and the wife sought alimony. The husband argued that she wasn’t deserving of alimony because she had violated the prenuptial agreement by attempting to have sexual relations more than once per week. The court wouldn’t hear of it. They said you can’t contract away the marital obligation to fulfill the reasonable and normal sex desires of each other.

The Child’s Religion

 

It’s actually unconstitutional to force a person to raise their child under a particular religion. One of the leading cases is Zummo v. Zummo, a case in which the divorced mother raised the children Jewish, but the divorced father felt that the children would benefit from the occasional Roman Catholic service. He called it “bi-cultural,” but she said it would disorient and confuse them. The Court ruled that courts cannot force a father to keep his children away from the practice of his faith unless there was evidence of a “substantial threat” or “physical or mental harm to the child.” To do so would violate his First Amendment right to the free exercise of religion.


florida lawyers

Our Attorneys Are Ready to Fight for You!

Over the past 14 years Ayo & Iken has helped over 5,000 people just like you

Our Attorneys Are Ready to Fight for You!

[mobleroster]

Over the past 14 years Ayo & Iken has helped over 5,000 people just like you

My experience with Alberto Ayo was very pleasant and professional. I currently live in Georgia and I was looking for someone to represent me in Tampa, FL for a case that was filed against me. Mr. Ayo was hired based on a recommendation that was given to by an attorney in Georgia. He was extremely knowledgeable and very aware of how to defend my case. When going to court he had all the facts lined out and was completely prepared to defend me. My trail was short and sweet leaving me incident and all charges dropped. It was comforting that I had the legal representation that understood what was needed when it was needed and that I was cleared of all accusations against me. I would highly recommend Mr. Ayo and his team to anyone out there.

Travis – Avvo

confidential





Need assistance with this form?

Free Consultation is limited to individuals considering hiring an attorney. Not all situations qualify. Fee charged for appellate case evaluations.

Or email message to:

Claudia Blackwell & the entire firm of Ayo & Ikon are top notch & I am so thankful for them all! I met with Ms. Blackwell on more than one occasion to prepare for my hearing & was impressed with her knowledge of my case in such a short time, her professionalism & understanding of the needs of my case, which has proven to be a common theme with the Ayo & Iken firm & it is appreciated. Ms. Blackwell was thorough, compassionate & well versed & made sure I was prepared, something my prior attorney never did. We attended my hearing & all I can say is WOW! Claudia did a FANTASTIC job! She was professional, unlike my ex’s attorney as well my prior attorney, & presented my case better than I could have imagined. It was clear her objective was to do her best & she did exactly that! She was aggressive, but professional during the hearing & was able to present the case exactly as I had hoped. As a result she was able to get across to the judge what I needed for my children’s safety & well being

Anonymous – Lawyer Ratingz


1600 Ponce de Leon Blvd., 10th Floor
Coral Gables, FL 33134

305-204-7481

Consultations are always free in our Coral Gables office


Miami Florida Divorce Resources