Friday, August 26, 2011

Fifth DCA Affirms Relocation, Reverses Equitable Distribution

The Fifth District Court released its opinion today in Wraight v. Wraight, a case where relocation was sought by the Wife after having moved to the United Kingdom without a relocation order, refusing to dismiss proceedings started in the U.K., and returned to the United States only after an Order compelling her to do so was sought and granted under the Hague Convention.  The lower tribunal found that the Wife had relied on bad legal advice, and as there was evidence supporting the findings made under F.S. 61.13001, the Fifth DCA was required to accept the lower court’s findings, even should they disagree with them.  The same opinion reversed the equitable distribution, however, in that the lower court distributed as marital a pension earned prior to the marriage, finding an interspousal gift was intended by naming the Wife the beneficiary on that account.

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