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Case Law Citations (cites) - An excellent reference book for persons without any legal background is the one titled "Legal Research" seen on the right.. It will teach you the composition of a case cite that are frequently used in family law cases. It will demystify what you are reading and help you to understand the basis upon which courts rely to make rulings. You will learn how to do your own research and understand what you are doing and why. This is an invaluable guide for the person who is self-represented in court. It is written in easy to understand layman's language.

Prenuptial Agreements

• Prenuptial and Postnuptial Agreements and Contract Law in the USA:  An excellent treatise on the subject.
  • Some Provocative Suggestions for Draftng Prenuptial Agreements in the USA
• Uniform Premarital Agreement Act (UPAA) [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).] A regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can choose any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act.
  • States Who Have Adopted the UPAA : The UPAA was approved by the National Conference on Uniform State Laws in 1983, and has been adopted in whole or in part by approximately half the states including New Jersey (in 1988), but not neighboring New York and Pennsylvania.
     

Case Law Concerning Prenuptial Agreements:

• Belcher v. Belcher, 271 So.2d 7 (Fla. 1972) held that until there is a decree of dissolution of the marriage, thus ending her role as wife, the wife’s support remains within long established guidelines of support by the husband which cannot be conclusively supplanted by his advance summary disposition by agreement.
• Lashkajani v. Laskajani, 879 So.2d 622 (Fla. 2004): prenuptial agreement provisions awarding attorney’s fees and costs to the prevailing party in litigation regarding the validity and enforceability of a prenuptial agreement are enforceable. This case gives a good historical background.
• Posner v. Posner, 257 So. 2d 530 (Fla. 1972): limited the freedom of couples to contractually limit post-dissolution alimony payments by allowing a court to modify the agreement.
• Waton v. Waton, 887 So.2d 419 (Fla.App. 4 Dist. 2004): Contains the two-pronged test to determine the enforceability of a prenuptial agreement.

Case Law Concerning Prenuptial and
Settlement Agreements:

• Benitez v. Benitez - Be careful of what you agree to in a settlement agreement. The courts view them as written in stone. Always provide for future modifications for your protection.
• Ferraro v. Ferraro, 891 So.2d 1211 (Fla.App. 3 Dist. 2005) says "we find that the language used in the parties' post-nuptial agreement, incorporated into the final judgment of dissolution of marriage, indicates a clear intention that the agreed-upon alimony provisions control and that their terms would be modifiable only as provided by the agreement."

Case Law Concerning Alimony

• 03/27/08 - Factors affecting the award of alimony and spousal support.

 

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Page last updated: 06/28/2010