Bresky Law recently obtained reversal of a final judgment of divorce in which the trial court declined to enforce, or misapplied, a Canadian prenuptial agreement when adjudicating equitable distribution. The appeals court opinion is not final until disposition of any timely filed motion for rehearing. The case illustrates how a valid and freely-made prenuptial agreement entered in a foreign country is generally enforceable in Florida’s courts when the spouses later get divorced in Florida.

The parties were married in Quebec, Canada in 1992. Prior to the marriage, they entered into a prenuptial agreement in which they elected to retain their separate property and to keep all income and assets separate after marriage. They maintained individual accounts and separate assets during the marriage. The parties relocated to Florida and became permanent Florida residents in 2009. The former husband later purchased two homes in Florida, titled solely in his name or the name of his trust.