If you are engaged or will soon marry, you should consider drafting a prenuptial agreement with your significant other. Prenuptial agreements are not just beneficial to wealthy couples; everyone can benefit from executing a prenuptial agreement. A prenuptial agreement can allow you to modify certain provisions of Florida divorce law to better fit your specific circumstances. A well-executed agreement 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. In addition, the agreement can eliminate the need for costly litigation over property division, alimony, and other contentious issues that typically arise when a marriage is dissolved.
Florida divorce law allows a prenuptial agreement to be broad and cover a wide range of potential issues that may arise in the event of a divorce. For instance, a prenuptial agreement can determine a party’s rights and obligations concerning each individual asset and debt, including the right to buy, sell, or use specified property; alimony payments; the disposition of life insurance proceeds; and many other important matters. However, Florida divorce law will not allow a couple to determine child support or child custody rights in a prenuptial agreement. Instead, the couple must follow Florida’s child support guidelines and custody statutes.
The prenuptial agreement is 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 order to be legally binding, both parties must voluntarily agree to the terms of the agreement. In addition, both parties must provide an accurate and fair disclosure of their financial position, and each party must have an opportunity to review the agreement before signing it. If these conditions are not satisfied, a court may decide the agreement was executed under duress and void the prenuptial agreement.
Talk to a Divorce Attorney in Florida about Prenuptial Agreements
At Florida Law Advisers, P.A., we understand that a prenuptial agreement can be a sensitive subject to discuss for a couple in love. We provide all of our clients with the individualized attention they need to ensure the process is as smooth and efficient as possible. Whether you need an attorney to draft a prenuptial agreement, advise you on a prenuptial agreement you have been asked to sign, or you have already signed an agreement, we can help. Contact us today by phone, email, or website form to schedule a free consultation with a Florida prenuptial agreement attorney.
Frequently Asked Questions
Yes, Florida law does allow for a legally binding prenuptial agreement. However, you must carefully follow all of the law’s requirements in order for a prenuptial to be legally binding.
Yes, Florida law requires full and complete financial disclosure from all parties to a prenuptial agreement. If there was not full disclosure, you run the risk of the agreement being unenforceable.
No, a prenuptial agreement must be completed prior to the marriage. However, you can enter into a postnuptial agreement after the wedding. A postnuptial agreement is the same as a prenuptial agreement, only it is done after the marriage.
Prenuptial agreements can dictate how assets & liabilities are divided in the event of a divorce. Additionally, the agreement can control the terms of alimony in the event of a future divorce.