A contract is an agreement between parties that can be enforced by a court. Most people do not associate contract law with divorce or family law. However, prenuptial agreements, divorce settlements, and postnuptial agreements are contracts. Therefore, one or both parties could be guilty of breach of contract for failing to abide by the terms of the contract.
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Proving Breach of Contract in an Orlando Divorce Case
If your partner does not abide by the terms of a divorce settlement or pre/postnuptial agreement, they may be in breach of contract. Proving a breach of contract in Florida requires you to have evidence establishing you have a valid contract and the other party breached the contract.
Florida law requires the following elements for a valid contract:
- An offer made by one party;
- That was accepted by the other party;
- When both parties had the capacity or legal ability to enter a contract;
- For some type of consideration;
- With definite and certain terms; and,
- For legal activities that did not violate state or federal laws.
If a party fails to abide by the contract terms, you can prove breach of contract by showing you had a valid contract, there was a material breach of one or more contract terms, and you suffered losses because of the breach. Furthermore, Florida law requires you to prove that you substantially or entirely met your obligations under the contract and the other party had everything they needed to meet the obligations but did not.
Damages in a breach of contract case usually result in monetary compensation. However, other remedies may be possible in a family law case, including injunctions, judgment modification, and specific performance.
Defenses to Breach of Contract in Florida
Your ex-partner may raise one or more defenses when you allege they did not meet their obligations under a divorce settlement or other family law agreement. Some possible defenses to breach of contract include:
- The agreement did not meet the requirements for a valid contract.
- Unexpected events or circumstances made it impossible to perform one or more terms of the agreement.
- The agreement was invalid because of fraud, coercion, or misrepresentation of material facts. For instance, a party concealed assets when negotiating a prenuptial agreement.
- You did not file a breach of contract action before the statute of limitations expires, which is usually five years in Florida.
- Your breach of contract was the reason for their breach of contract.
Your ex-partner could have other defenses to your allegations. Working with an experienced divorce lawyer is the best way to protect your interests when negotiating family law matters or trying to enforce a family law order.
How Could Contract Law Impact My Divorce Case in Florida?
There are many ways contract law might affect your divorce case. Examples include:
- Spouses enter a postnuptial agreement. One spouse did so because they are aware of a significant asset they will receive and intend to divorce their spouse after receiving the asset.
- A spouse fails to transfer the title to the house to the other spouse as agreed upon in the divorce settlement agreement.
- The terms of a pre or post-nuptial agreement are vague, so neither party agrees on the meaning of the terms.
- A soon-to-be spouse intentionally tricks the other spouse into signing an unfair prenuptial agreement.
- A spouse hides assets that should have been included in a divorce settlement agreement.
The family court litigates disputes between spouses and family members, including violations of marital agreements and divorce settlements.
Prenuptial and Postnuptial Agreements in an Orlando Divorce Case
A prenuptial agreement is a written contract between two parties who intend to get married. The agreement does not become effective until the parties are married. The agreement outlines how the parties will divide property and handle other financial matters should they divorce.
A premarital agreement can address many issues, including:
- How liabilities will be handled during the marriage and in case of a divorce
- Identify property that shall remain separate property that is not subject to property division
- Outline each spouse’s rights to transfer, sell, or purchase property
- Identify how property will be classified as marital property
- Agree upon terms for alimony or spousal support
- Determine how a business or business interest will be treated for property division in a divorce
- Protect assets and interests of children from another relationship
- Define each spouse’s rights regarding estate planning and life insurance
A postnuptial agreement is entered into after the parties are married. You can address the same matters in a pre and post-nuptial agreement.
What Are Divorce Settlements in an Orlando Divorce Case?
A divorce settlement agreement or MSA (marital settlement agreement) is a contract between spouses seeking a dissolution of marriage (i.e., divorce). The agreement addresses all issues related to the divorce.
The settlement is filed with the court for approval. If the judge approves the settlement agreement, the agreement is incorporated into the final divorce decree. A divorce settlement agreement can shorten the time and cost of a divorce case. It also means that the couple makes decisions about child custody, property division, and support instead of allowing a judge to decide for them.
Many couples negotiate a marital settlement agreement with the help of their divorce lawyers. In some situations, a neutral third-party mediator may help a couple disagreeing on divorce terms reach a divorce settlement.
Learn More From an Orlando Divorce Lawyer
If you need help with a divorce settlement, pre or postnuptial agreement or other family law matters, contact Conti Moore Law Divorce Lawyers, PLLC, for a free consultation or call us at (407) 831-0203. Our Orlando divorce attorneys can help you with all matters related to divorces and family law matters.