Enforceability of Prenuptial Agreements in Florida

By Ashley P. Frankel

When couples decide to get a divorce – particularly those with significant assets – the first question that usually comes to mind is whether or not the parties have a prenuptial agreement.  A prenuptial agreement is a contract entered into by prospective spouses that lays out certain financial obligations and terms the parties will abide by during the marriage and in the event of divorce.  Florida courts generally will enforce a prenuptial agreement provided it complies with Fla. Stat. § 61.079.  Pursuant to subsection 61.079(7)(a), a prenuptial agreement is not enforceable when it was not entered into “voluntarily”, it “was the product of fraud, duress, coercion or overreaching”,  or it was “unconscionable” at the time it was entered due to deficient financial disclosures.

Florida courts are reluctant to set aside prenuptial agreements.  Public policy favors individuals ordering and deciding their own interests through contractual arrangements; however, this right is not entirely unrestricted.  While there is a strong presumption that a carefully prepared and executed written instrument expresses the true intention of the parties, in Casto v. Casto, 508 So. 2d 330 (Fla. 1987), the Florida Supreme Court set out a test for when a marital agreement may be invalidated: Continue reading

Rainmaker Q&A: Kluger Kaplan’s Abbey Kaplan

Law360Law360, New York (September 30, 2016, 9:54 AM EDT) — Abbey L. Kaplan is a seasoned trial lawyer known for taking on complex cases and crafting creative strategies for tackling the most complicated legal issues in commercial litigation and business tort cases.

akaplanA founding member of Kluger Kaplan Silverman Katzen & Levine PL in Miami, Kaplan has experience handling partnership and corporate breakups, real estate development disputes including banking and broker controversies, professional liability disputes, corporate finance issues, contract disputes and intellectual property. Kaplan has also dealt with white collar criminal issues in the civil litigation…

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Moving Into a Nursing Home? You Will Soon Have More Rights

consumer-reportsBy Aimee Picchi

Finding a long-term care facility can be a stressful process. Among the issues to consider are not only the cost and quality of care, but what recourse you have if something goes wrong.

Until now, some long-term care facilities have included arbitration clauses in the contracts that residents and their families are required to sign when admitted. If a conflict arose, even regarding severe neglect, abuse or death, nursing-home residents or their loved ones were blocked from taking the facility to court.

But as of November 28, consumers will have that right. That’s when a new rule from the U.S. Department of Health and Human Services will bar pre-dispute arbitration clauses in nursing-home contracts.

It’s a decision that George Slover, senior policy counsel at Consumers Union, the policy and mobilization arm of Consumer Reports, calls “a tremendous advance in helping ensure effective protections for nursing home residents.”

bruce-katzenFamilies and seniors don’t always think about the kind of recourse they might have if harm comes their way. They are often already at a stressful moment in their lives when they’re looking for a long-term facility, says Bruce Katzen, an attorney with the law firm Kluger, Kaplan, Silverman, Katzen & Levine who represents seniors in financial abuse cases. Some seniors move into nursing homes after an injury or illness, when scrutinizing a contract isn’t necessarily practical.

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