How Florida Prenuptial Agreements Can Impact Marriages

Under Florida law, a prenuptial agreement is a contract signed between two parties who intend to get married, which defines their respective rights and obligations during the marriage, or at a later time if the marriage is dissolved. Prenuptial agreements can be used to attempt to avoid expensive and lengthy legal battles that sometimes occur when a marriage ends. They can also be used to avoid equitable distribution of their assets by a court during a divorce by instead instructing the court on how assets should be divided between the parties.

Prenuptial agreements can address issues such as:

  • Distribution of assets
  • Division of property
  • Promises made between parties
  • How (or whether) each party will be supported after a divorce

It should be noted that a prenuptial agreement may not include waivers of provisions regarding parental responsibility, child support, or time-sharing rights.

Prenuptial agreements are enforceable in Florida if in writing and if all provisions are met, especially the full disclosure of assets and liabilities to each party. Because it is important to take all necessary steps to ensure the validity of a prenuptial agreement and avoid later claims of fraud or coercion, it is important for each party entering into a prenuptial agreement to have an attorney who can inform them of their rights and prepare or review any proposed agreement. Because prenuptial agreements are often non-modifiable and will not be invalidated simply because they are more favorable to one side than another, it is critical to seek the advice of an experienced attorney before signing a prenuptial agreement.

Postnuptial Agreement

A postnuptial agreement is similar to a prenuptial agreement, except that parties sign it after they are already married. Postnuptial agreements may be created without anticipation of divorce and are used to set forth the rights of parties during the marriage or in the event of death. They can also be created when a married couple anticipates divorce and wishes to amicably distribute their assets – this type of agreement is also called a separation agreement. As with prenuptial agreements, postnuptial agreements must be in writing and should be reviewed by an experienced attorney in order to ensure that all rights are adequately protected.

– By Sachs Sax Caplan Attorney Angela Prudenti

You May Also Like
How Attorneys Can Overcome Common Law Firm Challenges

Discover expert tips from a Networking and Business Coach for building a successful firm.

Read More
Law firms
South Florida Lawyer Finds Success Representing Top Olympians

Alan Fertel will be in Paris for the Olympics to support his clients.

Read More
South Florida lawyer
Conrad & Scherer’s Pathways to Careers in Law Reveals NSU Scholarship and Summer Intern

The goal is to provide students from underrepresented backgrounds with the opportunity to fully explore the path to a career in law.

Read More
Pathways to Careers in Law
Generational Dynamics: The Future for Bill Scherer’s Firm Is Bright

The younger generation joins in as Conrad Scherer celebrates 50 years.

Read More
Other Posts
New Federal Law Addresses Criminal Enterprise’s Ownership Concealment

Gary Kalman, executive director at Transparency International, says the United States is the easiest place to hide a stash of money.

Read More
Justin Weinstein Aims to Transform the Traditional Attorney-Client Relationship

A new brand movement – “The Law of We” – aims to foster proactive relationships between attorneys and their clients.

Read More
Willard Shepard Receives Special Honor at U.S. Supreme Court

His outstanding TV work earned him six Emmy Awards.

Read More