A prenuptial agreement can allow you to modify certain provisions of Florida divorce law to better fit your specific circumstances. A well-executed document in compliance with Florida prenuptial agreement law will allow you to set forth the terms of the divorce, rather than a judge dictating the distribution of your assets and the amount of spousal support awarded. To find out more about Florid prenuptial agreement law contact a divorce law firm in Tampa to schedule a consultation.
Florida Prenuptial Agreement Law
Florida has adopted the Uniform Premarital Agreement Act, which expressly provides that parties may reach a binding contract on the following issues: (i) the parties’ rights and obligations concerning any assets and liabilities; (ii) the right to buy, sell, use, transfer, or dispose of property; (iii) the distribution of property upon separation, dissolution, death, or other event; (iv) the right to alimony; (v) the making of a will or trust; and (vi) the disposition of life insurance proceeds.
Under Florida prenuptial agreement law, a prenup may be enforceable even if the terms are unfair. For instance, in Ferguson v. Ferguson the court upheld an agreement to transfer real estate prior to the market decline. Per the agreement, the husband was to retain sole ownership of the home in exchange for paying the wife $185,000. Additionally, the husband was to indemnify the wife from any property taxes, assessments, or other property related expenses. The prenuptial agreement was drafted prior to the real estate market collapse and did not provide for, nor anticipate a drastic drop in the home’s value. The husband attempted to void this provision because the change in home values made the deal significantly worse for him. However, the court upheld the prenuptial agreement and ordered both parties to fulfill its performance.
The prenuptial agreement can be a legally enforceable contract; however, a Florida family law court does have the authority to overturn the agreement if it was not properly executed in compliance with Florida prenuptial agreement law. Further, a court can disregard certain provisions of the contract while still enforcing the remainder of the prenuptial agreement. Therefore, it is very important that you receive competent legal advice from a Tampa divorce attorney experienced in Florida prenuptial agreement law.
Florida Prenuptial Agreement Law on Child Support and Custody
Not all aspects of a Florida divorce can be resolved with a prenuptial agreement. For instance, a court may void provisions of an agreement that attempts to alter child support or custody. A court will only enforce these provisions if they are more beneficial to the child than Florida family law provides. See League v. Lassiter. Additionally, provisions of a prenuptial agreement that attempt to limit or prevent support during a pending divorce are generally not enforceable under Florida prenuptial agreement law.
Divorce Law Firm in Tampa
A skilled divorce lawyer can be very helpful not only with the negotiation process but also in drafting an agreement that will satisfy the rigorous standards of Florida prenuptial agreement law. The Tampa divorce lawyers at Florida Law Advisers, P.A. are experienced at negotiating agreements that protect our client’s rights and satisfy rigorous judicial scrutiny. If need help regarding a prenuptial agreement call us today to speak with a divorce lawyer in Tampa.