If you have a prenuptial agreement and there is going to be a question of enforcement before a court it is important that you have substantial and competent evidence to support your enforcement claim. You need to be able to prove your case.
In the case of Dalmazo v. Dalmazo, the Third District Court of Appeals reversed the trial court’s enforcement of a prenuptial agreement marital home and jointly owned property buy out provision because there was not substantial competent evidence to establish that the Husband had timely provided the written notice to the Wife required in the prenuptial agreement.
The Court cited to Pardes v. Pardes, 335 So. 3d 1241, 1244 (Fla. 3d DCA 2021) (observing that a trial court’s factual findings made with respect to the application of a prenuptial agreement are reviewed for competent, substantial evidence); Bardowell v. Bardowell, 975 So. 2d 628, 629 (Fla. 4th DCA 2008) (Distribution of marital assets and liabilities must be supported by factual findings in the judgment or order based upon competent substantial evidence).
It appears that if the trial court had been presented with evidence of the Husband’s timely compliance with the marital home and jointly owned property written notice buy out provision of the prenuptial agreement, by having sent and had a timely written notice to the Wife and having it admitted into evidence, the trial court would not have been reversed on the issue and the prenuptial agreement would have been enforced and upheld on appeal.
It is unclear from the opinion whether timely written notice was not provided by the Husband, or that it was provided and simply was not admitted into evidence.
If you are going to seek enforcement of a prenuptial agreement you need to make sure you take the right steps from the beginning and then, if enforcement is necessary, provide the court with the substantial competent evidence necessary to prove your claim. Failure to do either may result in the prenuptial agreement not being enforced.
If you have questions about a prenuptial agreement, are divorcing with a prenuptial agreement, or need to enforce one contact us, and we can discuss your specific situation. (786) 539-4935