Wednesday, October 27, 2010

British Court Upholds Prenuptial Agreement

Until recently, prenuptial agreements were not accepted in British courts.  However, as the following video from CNN shows, the United Kingdom high court made a key shift towards enforcing prenuptial agreements:


In Florida, prenuptial agreements that deal with alimony and the division of property are generally upheld.  However, provisions regarding custody or time-sharing with children will not be enforced as the Court must make an independent determination based on the best interests of the children.

There are also other factors which may make a prenuptial agreement unenforceable.  For example, if the prenuptial agreement was procured under fraud or duress, or if there was insufficient financial disclosure between the parties prior to signing the agreement, a Florida court is likely to dismiss the agreement.

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Adam B. Cordover is a family law attorney and managing shareholder of The Law Firm of Adam B. Cordover, P.A. To learn more about The Law Firm of Adam B. Cordover, P.A. or to schedule a consultation, call us at 813.443.0615 or visit us online at www.abcfamilylaw.com.

Attorney Adam B. Cordover is admitted to the Florida Bar and the United States District Court, Middle District of Florida. His office is located at 412 East Madison Street, Suite 824, Tampa, Florida 33602.