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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118765
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is a Dutch prenuptial enforceable in Florida? My attorney

Customer Question

Is a Dutch prenuptial enforceable in Florida? My attorney said not without the financial disclosures at the time of divorce. However at the time of divorce we had nothing. My objective was to prevent alimony. After listening to my attorney, I am paying alimony and now found my prenuptial and have been having a hard time getting a second opinion and if there's anything I can do post judgement?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your prenuptial agreement was legally entered into in the country where it was drafted and is compliant with Dutch law, then under the FL Conflict and Choice of Law laws, they will recognize and enforce the agreement. The FL court has to find that the agreement is reasonable and was conscionable when entered and that full disclosure was made at the time it was entered. As long as it meets those criteria and was legally entered into in the country you were in at the time then it is enforceable.
If you have already entered into an agreement for alimony contrary to the prenuptial agreement, the FL court can deem that the rights of the parties were waived under the prenuptial agreement and you have to prove good cause to the court as to why the prenuptial was not previously raised and without good cause (such as it was lost or destroyed and you just discovered a new copy of it or some other good cause) and a judgment is already entered, then the court will not change the previous judgment.