Recently, ET Online broke the news that former Playboy model and reality television star Holly Madison and her husband were divorcing after five years of marriage. While the couple, who are parents of two children, will have to work through some issues within the divorce litigation (such as parental responsibility, timesharing and a parenting plan), other issues are already resolved. That’s because the couple created a prenuptial agreement back in 2013. When properly negotiated, written and executed, a prenuptial agreement can be a very helpful part of the pre-marriage process. A prenuptial agreement can give both spouses the peace of mind that, if something should go wrong, issues like alimony and division of some or all assets have already been decided at a time when there was less stress and potentially less acrimony. Whether you are seeking to create a prenuptial agreement or are facing divorce litigation, make sure you have the legal representation you need by hiring an experienced South Florida divorce attorney.
Madison is arguably best known to the public for her time as a star of E! reality TV show, The Girls Next Door, while Rotella is a highly successful promoter of electronic dance music concerts (or “raves”). The couple met in 2011 and married in 2013. They have two children, a five-year-old daughter and a two-year-old son.
Reports of the divorce from Radar Online indicated that the husband’s petition asked the court to award the couple joint custody of the two children. Several other aspects of the couple’s Nevada divorce were resolved before any divorce filing was begun. Just days before the couple’s September wedding at Disneyland, the pair signed a prenuptial agreement. Madison and Rotella’s agreement apparently stated that each spouse would keep her/his separate assets and debts as her/his own, and the agreement also stated that neither spouse was entitled to receive alimony from the other one, according to the Radar Online report.
How will the courts treat my prenuptial agreement?
There are certain things, like child support, that you cannot resolve through a prenuptial agreement. Beyond those exempt issues, prenuptial agreements are generally enforced just like any other type of contractual document. The agreement is considered valid and enforceable unless the party opposing the agreement can show the existence of one or more of a short list of items. These include things fraud, mistake or that one party was under duress when he/she signed the agreement.
If there’s a dispute about the proper enforcement of the agreement, then that, too, will be resolved using the regular standards of contract law. Typically, this means that the court adjudicating such a dispute will look only to the language within the agreement itself. You can only bring outside evidence into an agreement enforcement dispute if you can show that the agreement provision in dispute is either unclear or ambiguous. If the court decides it is neither of those things, the judge will use the contract language alone to decide the dispute.
As noted above, in Madison and Rotella’s case, which is going forward in the Nevada courts, the husband is seeking joint custody. Here in Florida, courts will award shared parental responsibility (a/k/a joint custody) unless the judge determines that a shared parenting arrangement would be detrimental to the child.
Whatever type of divorce or family law issue you’re facing, your interests are valuable enough to make sure they are fully represented. Miami family law attorney Sara Saba is here to help. Attorney Saba has been helping clients through these issues for more than 13 years, and our team is focused solely on meeting your family law needs. Contact us online or by calling (305) 450-8009 to schedule your consultation. Hablamos Español.
More blog posts:
Ensuring that You Get the Benefit of the Agreement for Which You Bargained in Your Florida Prenuptial Agreement, Miami Divorce Lawyer Blog, July 1, 2018
T.I. and Tiny Have Paused Their Divorce Case. Do I Have That Option in Florida?, Miami Divorce Lawyer Blog, June 22, 2018