If you are involved in a Florida contract case or a Florida divorce or the Palm Beach prenuptial agreement calls for attorneys fees, you may want to read this September 2, 2015 Palm Beach appellate opinion fromFlorida’s 4th District Court of Appeal. This is a Delray Beach divorce case involving aprenup and a family trust. (The Delray Beach probate court and divorce court is located on Atlantic Avenue, Delray Beach, Florida.) Also, if you are involved in a Florida divorce or dissolution of marriage proceeding, and you are wondering how much is included in theFlorida divorce property distribution calculations when a prenuptial agreement is involved, consider reading this Delray Beach divorce case. Finally, what if the husband has a valuable business interest in a familiy trust; does that get counted for divorce property distribution in Florida divorces? Does a Florida trust count in divorce property calculations? Consider reading the 4th DCA case of Berg v. Young. Here is the 4th DCA appeals court link from Florida’s Palm Beach Appeals Court, the 4th DCA, to read the appellate opinion on this Delray Beach divorce involving a family trust, a prenuptial agreement and a valuable business interest, and, whether you get attorneys fees or not under a contract or prenuptial agreement:http://www.4dca.org/opinions/Sept.%202015/9-02-15/4D13-2364.op.pdf
Family Business Interest Held in Trust for Son
- An auto dealer owned a percentage of a Delray auto company, but the Delray business interest was in a family trust
- This auto dealer had gotten the interest in the family business from his father
- The auto dealer got married in 1996 and he and his wife signed a Florida prenuptial agreement
- Many Palm Beach probate lawyers and divorce lawyers, or so called Delray Beach family law attorneys, often deal with whether a Florida prenuptial agreement is valid, or not, or whether the prenup can be overturned or voided
- In this recent Delray Beach divorce appeal, the divorce court, or trial court, found that the business interest of the husband, in the Delray Beach auto company, was not included in the Florida equitable distribution of property in the divorce
2010 Delray Beach Divorce Focusses on Prenuptial Agreemnt & Husband’s Family Florida Trust with Business Interest
- In 2010, the wife filed for divorce in Florida
- Was the Florida prenuptial agreement valid?
- Most Palm Beach divorce courts often bifurcate the proceedings
- One may bifurcate Florida divorce proceedings to deal with an issue first and upfront
- In this divorce case, that’s exactly what the Delray Beach divorce judge did: it is common to first determine if the prenuptial agreement is valid or not, and then decide the other stuff later
- Why did the divorce court bifurcate the divorce and determine whether the prenup was valid or void?
- Because the wife objected to the prenup and claimed it was not valid
- That can be a tough trial for Florida divorce attorneys. Why?
- Because most Florida prenuptial agreements or postnuptial agreements contain a prevailing party clause which says that if someone challenges the Florida prenup and they lose, they pay the winning party their attorneys fees and costs
Attorneys Fees Issue Under Prenup Goes Back to Delray Divorce Court
- While the trial judge said that each party pays their own fees, the 4th DCA disagreed and sent the case back to the trial court to determine the issue of who gets attorneys feesfor their divorce lawyers Palm Beach regarding the prenuptial agreement
- Was the auto dealership worth $2 Million?
- Was the real estate, improved, worth $17 Million?
- A lot of money was on the line in this prenup case
- The wife was awarded temporary attorneys fees of $51,000
- Was the husband’s interest in the Delray auto dealership marital property or a marital asset subject to equitable distribution?
- Was any increase in value of the Delray auto dealership marital property subject to equitable distribution?
- Read the appellate opinion and find out why the appeals court said the trial court’sinterpretation of the prenuptial agreement was not correct
- Find out why or how the husband’s claim for attorneys fees under the prenup waspreserved for appeal