Divorce in Florida with Prenuptial Agreement

A prenuptial agreement can also describe in which jurisdiction all divorce proceedings take place and which laws of jurisdiction are used to interpret the document. A prenup can describe in detail what should become of a party`s property if the marriage ends due to separation, death, or other event. For example, the agreement may stipulate that if one of the spouses cheats on the other, the cheating spouse owes the other spouse a certain amount of money to ease the transition from married to single life. A court does not have the power to annul a marriage contract in Florida simply because it is an unfair agreement. See Castro v. Castro & Kuchera v. Kuchera. An agreement cannot become invalid just because, in retrospect, it is a bad thing for the spouse. However, an agreement that at first glance appears unfair gives rise to the presumption that there was no full disclosure.

In this article, Russell Knight, a veteran divorce and family law attorney from Naples, Florida, explains the requirements for creating a binding marriage contract in Florida. 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! While most people will tell you that they understand what a prenup should and shouldn`t do, only a small percentage of all the nuances of a strong, legally valid prenuptial agreement are aware. For example, the three main reasons why a prenup is introduced are the protection of property and the permission (or non-admission) of spousal support. However, prenups can do much more than that, or much less, depending on the wording of the agreement. That said, if you want your Florida prenup to be effective, you need to understand the provisions of the Uniform Premarital Agreement Act (UPAA). Prenups are not just pieces of paper to sign, but complex legal documents. You may want a prenup agreement in Florida to protect your assets in the event of a divorce and bring more predictability and security to your financial future. Here are six facts you need to know before signing a prenup agreement in Florida. Chapter 61.079(7)(a) of the Florida Act specifically provides three conditions under which a prenuptial agreement is unenforceable: We recommend that you first discuss any proposed purpose of the marriage contract with your future spouse and ensure 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. “Homestead Property” simply means your principal residence. This is usually the house where you and your future spouse will live together after marriage. In most divorce agreements, family property is divided between the two parties. However, in some cases, you may want to keep the property. For example, if you purchased the property by prenuptial means, you may want to keep the residence unique in case of divorce. A marriage contract, on the other hand, is concluded some time after the marriage of the parties. A post-marriage contract aims to achieve the same goals as a marriage contract. These goals set the terms of the divorce, rather than a judge prescribing the distribution of your assets and the amount of support payments.

To learn more about a Florida marriage or postnuptial, contact a divorce firm in Tampa for advice. 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. Florida law states that both parties to a prenup must be represented by their own attorneys for the final marriage contract to be considered valid. To create a strong, legally binding, and fair marriage contract, call boca Raton marriage and post-marriage lawyers today from the law firm of David L. Hirschberg, PA. 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. Maybe you or your family have fears – when the unfortunate event of divorce occurs, will your children be protected by former partners? Will your family business be decimated? A family law and divorce lawyer in Florida can help you create the best marriage contract that suits your needs so you can count on your upcoming marriage. While a prenup agreement in Florida works well for most potential spouses, it is best suited for people who: Regardless of the circumstances, a prenup 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. If the highest supporter loses their job during the marriage and earns less than the other partner, it may be necessary to modify the agreement to reflect the change in circumstances.

Prenups can also protect assets that one of the signatories may acquire in the future. However, the marriage contract must be written carefully for this to be the case. Both parties must hire their own divorce lawyer when entering into a marriage contract. Failure to hire your own attorney may not be reason enough to cancel an agreement. You should be well informed about the pros and cons of the agreement before signing it. Once a marriage is fully executed, it can be binding and immutable, you should proceed with caution. Prenuptial agreements, which can cost between $1,000 and $10,000, can also be used to protect children from a previous marriage from the loss of an inheritance. You can also arrange for a spouse to receive support after a divorce, including the amount and duration that will be received. We want to conclude a post-marital contract.

Basically for the home. In case of divorce, I keep the house. (under my name, but acquired after marriage) We both agree. No children. Is that possible? Thank you very much. Prenuptial agreements are usually negotiated one to several months before the ceremony. Showing up at the wedding with a surprise agreement can not only cause discontent, but, even if it is signed and the marriage progresses, provide reasons for the agreement to be declared invalid by a judge if it appears that a party did not have enough time to review the agreement before signing. 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: Under the Florida Marriage Contracts Act, a preliminary contract can be enforceable even if the terms are abusive. For example, in Ferguson v.

Ferguson, the Court upheld a prenuptial agreement to transfer real estate before the market declines. Under the agreement, the husband was to retain exclusive ownership of the house in exchange for the wife paying $185,000. In addition, the husband should compensate the wife for any property taxes, assessments or other wealth-related expenses. The marriage contract was drafted before the collapse of the real estate market in 2008 and did not foresee a drastic drop in the value of the house. The husband tried to rescind this provision because the change in the value of the house significantly aggravated the matter for him. However, the court upheld the marriage contract and ordered both parties to execute its execution. 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.

The closer the marriage contract is signed to the date of the marriage, the more likely it is that a judge will say that it was signed under “coercion.” Conversely, the longer there is between the execution of the agreement and the marriage, the more likely it is that it will be confirmed by the court. We recommend that you conclude the marriage contract at least one month before the wedding and for at least two weeks. Technically, anyone can write a prenup, but Florida courts won`t recognize and enforce all prenupial agreements. It must meet certain criteria. The last thing you want after the difficult divorce case is to find out that the Florida Pre-Nup designed to protect your assets and family is unenforceable. .