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Are prenuptial agreements drafted in a foreign country valid?

Florida residents may have heard about a bill that has successfully passed the Florida House which will limit the state courts from recognizing rulings from foreign courts. The bill's language only affects rulings and agreements that relate to divorce and alimony issues, as well as child support and parental custody matters.

Those in favor of the newly drafted legislation claim that the bill will simplify current law, since the bill will not do away with current precedents all together but will in fact integrate all prior cases and their relevant case laws into current Florida state statutes. Promoters of the bill argue it will streamline the adjudication process.

Those who oppose the bill claim that the bill is superfluous and doesn't really address any known problems with current law in either interpretation or implementation. Rather, some claim that all this new piece of legislation will do is tarnish Florida's image.

The new legislation is not law yet, but may become law after the Governor signs the bill. Those concerned about how this may impact them should know that the new law, if passed, will affect only certain specific cases of family law. For example, suppose a couple signs a prenuptial agreement in their native country and then move to Florida and eventually they end up in family court in an effort to enforce the prenuptial agreement. The presiding judge can look over their prenuptial agreement and unless it explicitly violates public policy or denies any of the parties involved their constitutional rights, the judge can then make a ruling based on that agreement.

Source: Washington Times, "Bill prohibits foreign family law in state courts," Steve Miller, May 1, 2014

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