Marital Settlement Agreements Can Reinforce Prenuptial Agreements.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The easiest divorce I ever did was for a client who came in with a prenuptial agreement that both the husband and the wife  wanted to enforce in their amicable divorce.   Nine years earlier, the prenuptial agreement was negotiated and executed (signed) well in advance of the wedding…both the future bride and future groom had attorneys representing their individual interests, there was full disclosure by both parties, and the agreement was fair under Florida law.    They got married and after 8 years they decided to divorce in a collaborative manner.

They each retained counsel just to be certain that everything would be taken care of.  I was to draft a marital settlement agreement which reaffirmed that the parties wanted to enforce all the terms of the prenuptial agreement.

The petition for dissolution of marriage announced that the parties had executed a marital settlement agreement of divorce and that the marital settlement agreement stated the prenuptial agreeement was to control.  All issues were dealt with in the prenuptial agreement.  The final judgment of divorce referenced these agreements and then all I had to do was set final hearing and attend with my client. 

One key element missing was the fact that this couple had no children between them.  That made upholding the prenuptial agreement and marital settlement agreement so much simpler.  Today, this couple is divorce and still best of friends.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

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