In our last post, we began speaking about the issue of unconscionability as it relates to prenuptial agreements. As we noted, although state statute lays out the elements of unconscionability quite clearly, it isn’t always easy to determine when an agreement is fundamental unfair or not. It really depends on the details of the case.
We’ve been discussing in recent posts on this blog the topic of prenuptial agreements, specifically what they can and cannot deal with under state law, as well as the circumstances under which a court may not enforce them. In this post, we want to touch briefly on the issue of unconscionability.
In our previous post, we spoke briefly about prenuptial agreements and what they can and cannot deal with in Florida. As we noted, there are certain limitations as far as the types of provisions prenuptial agreements may deal with, but there is also a lot they can address. Here we want to talk about the requirements for setting up a valid prenuptial agreement, as well as their enforceability.
In our last post, we began discussing the basic approach to property division in Florida. As we noted, Florida utilizes an approach called "equitable distribution," which aims to ensure a fair distribution of property between parties. Judges are empowered to consider all relevant circumstances in making a fair distribution of property, which means the outcome may not be predictable for couples.
Divorce can mean many things to many people, but usually the two main areas where issues come up in divorce are children and property. In this post, we’ll talk briefly about the basic approach to property division in Florida. The basic approach is one which is shared by a majority of states: equitable distribution.
In our last post, we began speaking about Florida law concerning prenuptial agreements, particularly what parties can and cannot address in these agreements. Here we’ll take a brief look at how these agreements are enforced by courts.
Readers are familiar with the basic idea of prenuptial agreements and why couples use them. It is common knowledge that these agreements are often used among celebrities, business owners and the wealthy in general. Because the law governing prenuptial agreements varies by state, we like to take the opportunity to write about the basics of prenuptial agreements in the state of Florida.