Whatever the circumstances, a prenuptial agreement in Florida can be beneficial for a couple. Prenupial arrangements, commonly known as prenups, are essentially a contract that the couple signs before marriage. The contract determines the distribution of assets, debts, alimony and other matters in the event of divorce. A prenuptial agreement may allow you to tailor certain provisions of Florida`s divorce law to your particular situation. A well-executed prenuptial agreement in Florida allows you to set the terms of the divorce. Instead of a judge ruling on the distribution of your property and the amount of spousal support awarded. It is important to note that there are certain issues that a prenuptial agreement in Florida cannot determine, such as . B childcare. Under Florida law, custody of children is based on the best interests of the children (not the parents).
Therefore, custody is not a decision that parents and spouses can make before an active custody case. To learn more about other matters that are not eligible for a prenuptial agreement in Florida, contact a prenuptial agreement attorney in Tampa. When a marriage is divorced in Florida, wealth is likely to be divided around 50-50 according to the prevailing practice of equitable distribution. Couples in Florida who want to play a more active role in the decision to divide marital property in the event of divorce can use a prenuptial agreement to add strength to their desires. Prenuptial agreements can also describe how things will work out in the event of separation or death of one of the partners, and can cover both the payment of alimony and the division of debts and other matters. Consider hiring a trusted financial advisor to help you create the prenup that best suits your needs. I would like to discuss the cancellation or modification of my marriage contract due to the fact that there was no consideration, that it was signed under duress and by false declaration. Please contact me as soon as possible. Thank you very much! A valid marriage contract in Florida is a legally enforceable contract; however, it may be challenged and set aside in court. A prenup in Florida may be invalid in its entirety or only under certain conditions of the agreement. Grounds for cancelling an agreement may include coercion, coercion, non-disclosure of assets or fraud. This provision can protect you from paying high amounts of attorneys` fees in the future if the other party challenges and loses the prenuptial agreement in court.
It can also deter the other party from going to court. First of all, a marriage contract cannot renounce family allowances and cannot set an amount for family allowances. Child support amounts are determined by the courts only using established guidelines. While a Florida prenup may waive the right to spousal support, courts cannot comply with the provision if it means that one or more of the following requirements apply: Florida prenupial agreement laws require that a prenupup be a written document and that both parties sign it. In addition, both parties must voluntarily agree to sign the prenup and provide all necessary financial information as part of the agreement. As legal advisors, we can only represent one party, even in amicable circumstances. We strongly recommend that your future spouse hire his or her own lawyer to represent him or her in the execution of the marriage contract. This is a crucial step that will make this marriage contract much more enforceable in the future. Any future judge will see that your future spouse had legal representation and that, therefore, the agreement was not concluded “excessively” or under “coercion”. If your future spouse cannot afford to pay for a lawyer, we recommend that you provide them with funds for this purpose, but it is important that they contact a lawyer themselves. While a prenup contract in Florida is well suited for most potential spouses, it is best suited for people who: If a prenup agreement contains provisions that violate law or public order, it is automatically considered invalid.
Aside from the criminal law provisions, there are certain things a marriage contract can`t do in Florida. The fault committed by one or both parties in connection with the marriage does not necessarily entail the nullity of a postal or marriage contract. For example, adultery is usually not enough to invalidate an agreement. Traditionally, the conduct must be so rude that it is beyond the considerations of the parties to be bound by its terms. See Swad v. Swad. A prenuptial agreement in Florida can cover a wide range of issues. These topics include maintenance, debt division, and assets in the event of divorce. In addition, the agreement can consist of many complex requirements that are not part of a typical contract. Therefore, it is important to consult an experienced marriage contract attorney in Tampa when drafting a prenuptial agreement and before signing a prenuptial agreement. Many divorce firms offer free initial consultations for these types of legal matters. Modification of marriage contracts may be necessary if the financial situation of one or both partners changes significantly during the union.
For example, if one of the partners earns more income, a prenuptial agreement may require that partner to pay support to the other in the event of divorce. A prenuptial agreement may require one or both partners to draft and execute wills that support the terms of the marriage contract. Sometimes there may be a question about the state laws that will govern a subsequent divorce. If so, it is another issue that can be set out in a marriage contract. The financial rights and obligations of each spouse during and after marriage are usually covered by a prenup. Potential spouses often address the following issues in a Florida prenuptial agreement: We recommend that you first discuss all of the proposed goals of the prenuptial agreement with your future spouse and make sure that you are in full agreement. This ensures that your future spouse voluntarily enters into the agreement and is not unpleasantly surprised by the conditions. By documenting the reasons why both parties enter into the agreement, it gives the judge insight and gives you additional credibility if that agreement is ever challenged in court. A prenuptial agreement is unenforceable (invalid) in Florida if it can be proven: To fully understand what a prenupial agreement is, you need to know what kind of problems can be part of a valid prenup. According to Florida`s Prenuptial Agreement Act, a prenup cannot contain anything that violates law or public order. Under Florida law, each party must be represented in a prenup by their attorney.
To create a strong and legally binding marriage contract or resolve legal issues related to your prenup, call the office of attorney Patrick Cordero at 305-445-4855. Generally, the burden of proof for full disclosure is on the party seeking to enforce the agreement. If the presumption is not rebutted by evidence, the agreement may be annulled in its entirety or limited to certain provisions. However, if there is sufficient evidence to rebut the presumption of non-disclosure, the agreement is enforceable, regardless of how unfair the terms of the agreement are. Therefore, it is highly recommended to hire a divorce lawyer in Tampa to help you prepare the prenuptial agreement. An experienced lawyer can help ensure that the agreement stands up to judicial review. An agreement between potential spouses that has been entered into in connection with the marriage and that is effective in the marriage. Getting married is a life-changing event and each party hopes to last forever. However, divorces occur more often than couples would like, making prenuptial agreements a necessity. For example, the American Psychological Association reports that forty to fifty percent of early marriages end in divorce.
In addition, the divorce rate for secondary or subsequent marriages is even higher. See the American Psychological Association. uniformlaws.org/shared/docs/premarital%20agreement/upaa_final_83.pdf Florida Act Chapter 61.079(7)(a) specifically provides three conditions under which a marriage contract is unenforceable: A prenup may describe in detail what would become of a party`s property if the marriage were to end due to separation, death, or any other event ..
