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Florida Supreme Court Case Waiver Rule in Prenuptials

A divorced Boca Raton couple made legal history Thursday following a Florida Supreme Court ruling in favor of a voluntarily-executed prenuptial agreement stand. The Court stated if the document shows that one spouse’s intent to waive all interest in the other spouse’s assets when the marriage ends, the disadvantaged spouse will be unable to break the prenup. The opposing counsel argued that the couple’s 1986 agreement did not specifically refer to the enhanced value of the husband’s property due to martial labor or funds, or that the husband’s earnings would be considered his separate property.

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