Competency of Counsel is Not Grounds to Overturn Nuptial Agreements

In Florida, the law is clear. If you freely enter into a bad agreement, then you’re stuck with it regardless of how badly it disadvantages you. That’s why it’s important to retain legal counsel during divorce proceedings or have an attorney overlook a prenuptial agreement before you sign it. There are precious few grounds to void an agreement once it has been signed. In one case stemming from divorce law, Casto v. Casto, the court clarified that incompetent assistance of counsel was not grounds for vacating a nuptial agreement. However, it upheld the trial court’s decision that the wife entered into the agreement based on duress or fraud, and vacated the agreement, allowing the wife to recover alimony.

Background of the case 

In this case, the couple was married in 1964. The marriage was dissolved in 1966, but the parties remarried in 1967. During their marriage, the husband worked in developing shopping centers. The wife was not employed. No children were born of the marriage. In 1977, the wife agreed to sign a postnuptial agreement. The agreement provided that:

• The wife would receive the couple’s Fort Lauderdale home and $100,000
• The husband would make mortgage payments on the home for one year and pay for seawall repairs up to $5,000
• The wife would receive incidental benefits including health insurance, club memberships, and credit card memberships
• Both parties would waive the right to alimony or further distributions of property
• Each party would continue ownership of separately held assets
• Each party would pay their own attorney’s fees during the dissolution proceeding

About a year after the agreement was executed, the husband filed a dissolution petition and requested the approval of the postnuptial agreement. The wife responded by alleging that the postnuptial agreement was invalid because she executed the document under duress and that she was unfamiliar with the husband’s assets and income when she signed. She counterclaimed for permanent alimony, attorney’s fees, and related costs.

In this case, the trial court agreed with the wife and vacated the postnuptial agreement. Nuptial agreements are generally enforceable under Florida law regardless of how they disadvantage a party. There are two grounds for challenging such an agreement. The party can claim that the agreement was entered into under duress, fraud, or deceit, or that the agreement makes an unfair or unreasonable provision for that spouse.

In this case, the court was concerned that the trial court had ruled that the wife’s ineffective assistance of counsel claim was enough to overturn the postnuptial agreement. However, the appeals court found sufficient cause to conclude that the husband had used coercion or deceit to force the wife to sign the agreement. The appeals court, therefore, vacated the postnuptial agreement, but not without clarifying that ineffective assistance of counsel was not a valid grounds to do so.

Talk to a Tampa, FL Family Law Attorney Today 

Westchase Law, P.A. represents the interests of Tampa residents who are pursuing a divorce. We can also help you draft enforceable pre- and post-nuptial agreements. Call our Tampa family lawyers today to learn more.

Source:

law.justia.com/cases/florida/supreme-court/1987/66325-0.html