02/13/2013 07:49:08 AM EST
Florida Prenuptial Agreement Ruling Brings Specificity
The recent Florida appellate court ruling in Heiny v. Heiny, 38 Fla.L.Weekly D200g (2nd DCA 1/25/13) [enhanced version available to lexis.com subscribers] provides guidance in the area of drafting of prenuptial and postnuptial agreements. The DCA, in over-turning the lower court, found the agreements terms valid and binding, in this case as to whether a spouse is to receive an interest in appreciation in an asset, the agreement must be specific on that. If it is intended that a party is to benefit by post-marriage appreciation in an asset, this should be made explicit in the agreement to avoid disappointed parties and unnecessary litigation.
Every Sarasota and Manatee County Florida resident with a prenuptial or postnuptial agreement should review their document to ensure it states with specificity what each of the parties intended and will not be a mess in the case of divorce. A divorce is bad enough, you should not have to rely upon a Judge to interpret it or appeal any ruling to the DCA.
View more information from Marc J. Soss at http://www.fl-estateplanning.com/ and http://info.fl-estateplanning.com/
Marc Soss' practice focuses on estate and tax planning; probate and trust administration and litigation; guardianship law; and corporate law in Southwest Florida. Marc is a frequent contributor to LISI and has published articles and been quoted in the Florida Bar, Rhode Island Bar, North Carolina Bar, Association of the United States Navy, Lawyers USA, Military.Com, Forbes.Com, and CNN Business. Marc also serves as an officer in the United States Naval Reserve.
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