Under Florida law, a prenuptial agreement is a contract between two individuals planning to marry, outlining their rights and obligations during the marriage or in the event of its dissolution. Prenuptial agreements can help prevent costly and prolonged legal disputes when a marriage concludes. They allow the couple to bypass equitable distribution of assets by the court, instead specifying how their assets should be divided.
These types of agreements can cover various issues, including:
- Distribution of monetary assets
- How properties should be divided
- Promises between parties
- Support arrangements after a divorce
However, it needs to be known that in the state of Florida, prenuptial agreements DOES NOT include waivers and/or agreements related to parental responsibility, child support, or timesharing.
To be enforceable in the Sunshine State, a prenuptial agreement must always be in writing and signed by two witnesses along with a notary. It is crucial and critical to take all necessary steps to ensure its validity, including having each party consult with an attorney such as the council at Lungarelli Law. Our attorneys can inform the party they represent of their rights and review the agreement to prevent later claims of fraud or coercion. Prenuptial agreements are in most cases non-modifiable and won’t be invalidated simply for being unfavorable, making it essential to seek advice from a qualified family attorney such as the attorneys at Lungarelli Law to assist in the preparation, negotiation and signing of a prenuptial agreement.
Postnuptial Agreement
A postnuptial agreement is similar to a prenuptial agreement but is signed AFTER the couple is already married. These agreements can be created without the anticipation of divorce to outline the parties’ rights during the marriage or in the event that someone becomes deceased. A postnuptial agreement can also be drafted when a couple anticipates divorce and wishes to amicably distribute their assets ahead of time. Just like with prenuptial agreements, postnuptial agreements must always be in writing and should be reviewed by a qualified divorce attorney such as the attorney’s at Lungarelli Law to ensure that all rights are secured.
