An increasingly common issue sprouting up in Fort Lauderdale probate litigation is prenuptial agreements. These agreements, also sometimes referred to as premarital agreements, are those made by couples prior to marriage that concern the ownership of respective assets should the marriage fail. However, Florida probate lawyers know they can also include virtually any right or interest in any present or existing property rights – including stipulations such as alterations of an existing will. As long as there is nothing in the contract that violates the law or affects the right of child support, the parties can pretty much contract for anything they want.
The American Academy of Matrimonial Lawyers reported that in a national survey, more than 60 percent of top family law attorneys have seen an increase in the total number of prenuptial agreement requests over the last three years, many saying millennial newlyweds were a significant driver of the uptick, though older generations too are securing these agreements, particularly in second or subsequent marriages. The reason for the latter, the AAML noted, was because older couples have more assets to protect.
A recent Florida probate case involving a prenuptial agreement was weighed by Florida’s Fourth District Court of Appeal. The spat was between decedent’s son and his wife over the way the estate was administered. Continue reading