A prenuptial agreement can allow you to modify certain provisions of Florida divorce law to better fit your specific circumstances. A well-executed agreement 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: Adoption of Uniform Premarital Agreement Act
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.
Enforcement of Florida Prenuptial Agreement Law
Under Florida prenuptial agreement law, prenuptial agreements may be enforceable even if, in hindsight, they represent a bad deal for one of the spouses. For instance, in Ferguson v. Ferguson the court upheld a pre-martial agreement concerning the transfer of a home prior to the recent real estate downturn. Per the prenuptial agreement, the husband was to retain sole ownership of the home in exchange for paying the wife $185,000 and indemnifying her from any property taxes, assessments, or other property related expenses. The prenuptial agreement was drafted prior to the real estate market downturn and did not provide for, nor anticipate the drastic drop in the home’s value. The husband attempted to void this provision in the contract because the change in the home’s value 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 divorce can be resolved with a prenuptial agreement. For instance, a court may void provisions of an agreement that attempts to alter the child support or child custody rights of a spouse. A court will only enforce these types of 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 prenuptial agreements that protect our client’s rights and satisfy rigorous judicial scrutiny. If you are considering drafting or challenging a prenuptial agreement and have questions call us today to speak with a divorce lawyer in Tampa.