Pre-nuptial agreements are permissible under Florida law. To be enforceable, pre-nuptial agreements must follow specific guidelines set forth in Florida’s Uniform Premarital Agreement Act.
In Florida, valid pre-nuptial agreements meet the following requirements:
• The pre-nuptial agreement must be in writing, signed by both parties.
• The parties must voluntarily sign a pre-marital agreement without fraud, duress, or coercion.
• The parties must fully disclose their property and financial status and obligations prior to signing the pre-nuptial agreement.
A pre-nuptial agreement may be narrow in its application or broad covering a wide range of property and legal rights. An example of a narrow pre-nuptial agreement may be an agreement that neither party will pay alimony in the event of a divorce, but all of the property and divorce matters will be handled in accordance with Florida law.
A broad agreement may include exclusion of alimony, exclusion of property, specific guidelines for probate matters, and specific guidelines for property disposition.
To avoid enforcement problems in the future, it is wise to consult with an attorney prior to entering into a pre-nuptial agreement. Attorney Christopher (“Chris”) Taylor has years of document drafting experience. He is ready to assist with drafting pre-nuptial agreements in Jacksonville or St. Augustine, Florida.
Post-nuptial agreements are permissible under Florida law. Post-Nuptial agreements are often negotiated during a period of marital discord to avoid divorce or when one spouse is about to inherit a significant amount of money or property.
In Florida, valid post-nuptial agreements meet the following requirements:
• The parties must voluntarily enter into a post-marital agreement without fraud, duress, or coercion.
• The parties must fully disclose their property and financial status and obligations prior to signing the post-nuptial agreement.
• The post-nuptial agreement must not be manifestly unfair or unreasonable considering the circumstances of the parties.
Post-nuptial agreements are often challenged. A post-nuptial agreement drafted by a competent family law attorney can avoid costly enforcement problems in the future.
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