Prenuptial Agreement

Florida recognizes the use of premarital and post marital agreements when deciding the outcome or possible outcome of a divorce. In some cases, during the marriage the parties may find themselves thinking of divorcing and may enter into a marital settlement agreement, but ultimately not have the agreement entered with the court because they are able to reconcile the marriage, this too is valid in Florida. When parties decide to divorce any agreement between the parties, whether premarital agreement, post marital agreement or a prior marital settlement agreement that allows for enforcement later if the parties reconcile, can be construed as an enforceable contract in the divorce proceedings. As a Jacksonville divorce lawyer, issues can arise regarding the enforceability of the agreement and in order to fight the document, the parties may need to hire separate attorneys, potentially leaving one of the parties needing financial assistance during the contest of the divorce. Therefore, Florida case law allows for temporary support to be awarded for temporary alimony and attorney fees.

Enforcing or contesting a premarital agreement, post marital agreement, or a marital settlement agreement may require attorney time and costs. In order for an agreement to be contested, the issues that come to question are laid out in Florida Statute 61.079. Premarital agreements are enforceable unless it can be shown that one or more of the following occurred:

1. The agreement was not entered into voluntarily by both parties;

In accordance with the latest Census and ABC News, men and women are waiting longer to get married and the thought is that it decreases the chances for divorce. While studies seem to support the concept, as a Jacksonville, Florida divorce and family lawyer, looking at a marriage later in life also gives rise to new difficulties. As we wait to marry, our value also increases with home buying, retirement assets, career opportunities, business development and the like. So, once you are ready to take the plunge into marriage is there still a way to protect yourself from having to divide up what you have worked so hard to achieve? In Florida, there is an option of a prenuptial agreement, which must be completed, in good faith prior to the marriage.

Prenuptial agreements are outlined in the Florida statutes. However, understanding the provisions before entering the agreement is vital because you do not want to sign away things that you may otherwise be entitled to in case the worse were to occur. When looking to have a prenuptial agreement many people thing there is a stigma attached. However, it is not about planning for your marriage to fail, but insuring that you are protected if the unexpected were to occur. Since marriage can be a tricky relationship for those who have done it for even 30 years, the idea is to simply think about your finances before saying, “I do,” so that you are both protected in the years to come.

Florida Statute 61.079 defines a prenuptial agreement as, “…an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” To put it simply, it is a contract between fiancés before the contract of marriage is completed. The idea of the agreement is to simply separate out what assets belong to what parties before the marriage, during the marriage and at the end of the marriage, if a divorce were to occur. The idea is to also leave as much out of litigation if divorce were to occur, so that way neither party is tied up in an unnecessary legal battle. The most popular example of this type of agreement working is the Tiger Woods divorce. Since there was a prenuptial agreement, the Woods’ were not in divorce battle for years, which could have easily occurred without the prior contract.

Articles Posted in Prenuptial Agreement

Do I Owe Temporary Alimony or Attorney Fees in a Florida Divorce with a Prenuptial, Postnuptial or other Marital Agreement?

Why Would I Want a Prenuptial Agreement in Florida?