What is the status of prenuptial agreements in the appellate courts today?
When you’re dealing with divorce actions and dissolution of marriage cases, appellate courts review trial courts’ ruling on attorneys fees under a very tough abuse of discretion standard. The question will be: Did the judge abuse his or her discretion in awarding one spouse fees or denying one spouse fees? In some instances, the appellate court, under the De Novo Standard of Review, may review the case anew.
Some case law suggests that a prenuptial agreement waiving attorneys fees might not be enforceable. However, a landmark 1987 Florida Supreme Court ruling held that if an unreasonable agreement is freely entered into, it is enforceable. What does that mean for the litigator today? We explore this issue in a recent entry in Florida Appeals Journal, our YouTube program that examines and explores significant issues facing trial and appellate litigators.