Also referred to as a Premarital Agreement, A Pre-Nuptial Agreement is an Agreement between two individuals prior to their marriage and in contemplation of it. This agreement typically addresses issues such as property distribution, support and financial distribution in the event of separation or divorce.
To be enforceable, Florida law requires:
- A written agreement, and
- The voluntary signature of both parties.
Furthermore, the agreement must not be obtained by fraud, duress or overreaching. It is good practice to provide full property and financial disclosure in order to reduce the possibility of later invalidation of the agreement.
Postnuptial Agreement
This is an Agreement between spouses during a marriage. Similar to a prenuptial agreement, this agreement contains provision for support, property distribution and any children of the marriage in the event the marriage terminates. This agreement must be written and voluntarily executed by both parties to the marriage. A court will set aside a postnuptial agreement obtained through fraud, deceit, duress, coercion, misrepresentation or overreaching. The parties should engage in full financial and property disclosure to reduce the risk of a court setting aside the agreement or modifying its terms.
Note- Provisions in a prenuptial or postnuptial agreement regarding a child may be set aside by a Florida court if determined to not be in the best interest of the child.
Attorney Hall is experienced with the drafting prenuptial and postnuptial agreements. We will ensure that all terms and provisions are consistent with the requirements of Florida law. Contact us today for assistance with drafting your prenuptial or postnuptial agreement.
