Prenuptial and Postnuptial Agreements in Florida
A prenuptial is an agreement or contract between two prospective spouses regarding settling the couple’s affairs and assets in the unfortunate event of a divorce. A postnuptial carries the same purpose, however, the agreement is executed after the couple gets married. Prenuptial agreements are normally like any other contract, however, marriage contracts include many complex requirements and are usually emotionally charged, unlike most others.
More and more couples have been signing prenuptial to bring certainty to their financial futures. This can include protecting a dependent’s inheritance, assets, and business interests. Prenuptials also serve to predetermine whether one spouse will pay the other alimony in the event of a divorce.
Florida Prenuptial Agreements Cannot Affect Child Custody
Laws regarding prenuptial vary from state to state. In Florida, prenuptial agreements cannot affect child custody or child support. Should divorce occur, the court will calculate child support depending on the child’s current needs. Parents cannot choose the amount of child support to pay as it is a right that belongs to the child. In addition, Florida uses the Uniform Prenuptial Agreement Act (UPAA) in order to determine whether the pre or postnuptial agreement is enforceable. The agreement must be signed by both spouses in order to hold any bearing and takes effect once the couple is married. However, the legitimacy is challenged when a spouse believes they can prove that it was signed involuntarily or against their will. This could be through blackmail or coercion. In addition, the challenging spouse may also argue that their partner’s financial background was not disclosed to them in full. In these events, it is up to the court to determine the validity of a prenuptial.
Although a pre or postnuptial can protect many assets and affairs, there are many things which they cannot do. If a prenuptial includes any provisions that violate the law, it is deemed invalid and unenforceable.
How the Prenuptial Agreement be Valid
In Florida, a prenuptial has to be fair and conscionable in order to be deemed valid. In addition, to draft a sound and legally binding prenuptial agreement in the state of Florida, both spouses must be represented by their own attorneys.
Ideally, one should discuss signing a prenuptial agreement several months before the marriage. In addition, it is important to spend a lot of time drafting a cohesive prenuptial agreement. This is because fights in court can be drawn out longer, especially when more money is at stake. The more that is at stake, the more time and resources will be devoted to fighting and protecting the agreement.
Find A Lawyer
It is very important to find a great lawyer when it comes to drafting a prenuptial agreement. There are many great prenuptial lawyers in Miami, for instance. The more time you dedicate to drafting a prenuptial agreement, the better things will be as time passes.