Articles Posted in Divorce

It is not uncommon in divorce actions for the parties to develop a marital settlement agreement, which is essentially a contract that sets forth their rights and obligations, or for the court to incorporate the agreement into the final judgment that dissolves the marriage. If a party refuses to comply with the terms of a marital settlement agreement, however, a dispute may arise as to whether an action to enforce the agreement is subject to the statute of limitations that applies to contracts or the one that applies to judgments. Recently, a Florida court addressed this issue in a case in which the wife waited almost twenty years to file a motion to enforce a divorce judgment. If your spouse refuses to comply with the terms of your marital settlement agreement, it is advisable to contact a seasoned Florida family law attorney to assess your rights and your options for seeking enforcement.

Factual Background

It is alleged that the husband and the wife entered into a marital settlement agreement in 1997. The agreement divided their marital property, business assets, and debts, and dictated that the husband was to pay the wife close to half a million dollars, either in a lump sum or in five principal payments, plus interest, which were due each year beginning in 2001. The agreement was incorporated into the final judgment dissolving the marriage, which was issued in April 1997.

It is reported that the husband failed to make any payments as required under the agreement, however. Then, in 2017, one day shy of the twentieth anniversary of the entry of the divorce judgment, the wife filed a motion to enforce the judgment. The court granted the motion and ordered the husband to pay close to one million dollars to the wife based on the amount of principal payments plus accrued interest. The husband appealed, arguing that the wife’s motion was barred by the statute of limitations.

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Litigating a family law case in the proper jurisdiction is essential to protecting the rights of all involved. In divorce cases in which a couple has resided in more than one jurisdiction throughout the course of their marriage, the issue of what state or country possesses the authority to rule over the proceedings may be hotly contested. Recently, a Florida court discussed the process of determining where jurisdiction over a divorce matter lies, in a case in which divorce proceedings were filed in both Spain and Florida. If you or your spouse seek to end your marriage, it is prudent to speak to a dedicated Florida family law attorney to discuss what steps you can take to safeguard your interests.

Factual and Procedural History

It is reported that the husband and wife, both of whom are citizens of Spain, were married in Spain in 2008. They had two children, after which they moved to Southern Florida. The couple was charged with crimes involving a bank in Luxembourg, after which they became involved in a disagreement over a contract the husband asked the wife to sign. The wife then took the children to another Florida city, after which the husband filed an emergency petition to retrieve the children and a divorce petition.

Allegedly, the husband then filed a second divorce petition in Spain. He subsequently dismissed the Florida petition, which prompted the wife to file her own divorce petition in Florida. The husband served the wife with the Spanish divorce petition and then filed a motion to stay the Florida action. The wife had not yet served the husband with her divorce petition. The trial court granted the husband’s motion, finding that Spain had jurisdiction over the matter, after which the wife appealed.

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