Family Matters Law Group P.A.
Call Us For A Free Phone Consultation : 866-593-0459

Hooker v. Hooker and Prenuptial Agreements in Florida

Prenuptial Agreements in Florida recently changed when the Florida Supreme Court affirmed the decision of a lower court that has attorneys baffled and scrambling to modify their standard pre-nuptial agreement language. In the case of Hooker v Hooker, the parties were married and prior to marrying they drafted and executed a pre-nup. Neither party says that the prenup was invalid for any reason - it was a good and proper pre-nup. It said that each would retain their own premarital property as non-marital assets including appreciation on those properties. There existed 2 properties purchased by the Husband. After a 23 year marriage while divorcing the Wife argued that both properties were marital because the Husband had intended them to be gift made to her as his Wife during the marriage. One of them the couple lived in together as a family in FL and it was deeded in Trust for the Husband. The other was titled in Husband's name alone and the family used it as a summer home in NY. The Husband paid for this home out of his separate money and upkeep of the property as well. The court found that despite titles and despite the pre-nup the family treated the properties as marital and therefore they were marital. The argument also included allegations that husband displayed the intent to gift the properties to the Wife druing the marriage.

What does this mean for those marrying in FL and those with existing prenuptial agreements? Well, to begin with it means you better find a lawyer experienced in pre-nuptial preparation and up to date on the law. Using self-serve document preparation services is not going to suffice as this case and the underlying pre-nup rattle the way we have traditionally thought of and prepared for these issues. Secondly, it means that if you have a pre-nup in existence already - you might want to have a lawyer review it and advise as to whether or not it is sufficient, requires amendment or as to whether the life choices you are making could be putting you at risk. Thirdly, it means as lawyers we have to be thoughtful in advising client about preventative measures such as pre-nups and how much protection they offer.

If you are looking for an attorney experienced in pre-nuptial drafting, review and execution, our offices are happy to provide a free consultation.

For a link to the full opinion on this case see: http://law.justia.com/cases/florida/supreme-court/2017/sc15-1881.html

No Comments

Leave a comment
Comment Information
Email Us For A Response

Let Us Know How We Can Help Your Family

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Family Matters Law Group P.A.
6950 Cypress Rd.
Suite #107
Plantation, FL 33317

Toll Free: 866-593-0459
Phone: 954-601-3737
Plantation Law Office Map