Was financial disclosure mandatory in a prenuptial in 1979 ? If it was not included can that have an impact on its validity?
Country relating to Question: United States
State (if USA): Florida
florida statute 61.079 1979
Hello, how are you today?
So you are wondering if it was mandatory to fully disclose your financial situation when entering into a Prenuptial Agreement in Florida back in 1979?
Do you believe there to be some type of fraud?
yes iwant to know if final disclosure was mandatory in 1979 for validity? no fraud
Ok, is the statute you have cited, the Florida statute?
Give me a minute, and I will research. I will first represent to you that while it may or may not be mandatory according to law, prenuptial agreements are essentially contracts, and subject to all the contract causes of action.
Ok, I have reviewed the legislative history of the premarital agreement act, and from my reading, it appears that the requirement of financial disclosure was present, and it simply was modified, and reinstated in this 2007 law.
The Florida law, is simply the Uniform Premarital Agreement Act.
Does this answer your question? Do you have concern that your spouse did not fully disclose to you at the time of the agreement?
Initially, premarital agreements were made for purposes of settling property rights and were upheld provided proper financial disclosure has been made. Posner v. Posner 257 So. 2d 530 (Fla. 1972).
That case is from 1972 in Florida.
Indicating that financial disclosure was mandatory for a valid premarital agreement.
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Do you have any other questions?
our prenup has no financial disclosure by either party signed 1979 i am hoping prenup is not valid for this and other reasons thank you for your help will this all be emailed to me?
It will not be emailed to you, but when you rate my answer, and the chat ends, you can then copy and paste this to a word document or notepad.
Thanks for allowing me to assist you with your question today.
Please provide a positive rating at this time, and best of luck to you!
I am well equipped to handle any family law problem you might have.
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