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. Consideration is required for any contract in the United States. The consideration represents something that each party will give up or receive as a result of the agreement. Unlike a marriage contract, marriage itself cannot be considered a valid consideration. In the case of marriage contracts, the marriage would have taken place before the marriage contract. Therefore, there must be another form of consideration for the agreement.
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. Generally, the burden of proof for full disclosure is on the party seeking to enforce the agreement. If the presumption is not rebutted by evidence, the agreement may be annulled in its entirety or limited to certain provisions. However, if there is sufficient evidence to rebut the presumption of non-disclosure, the agreement is enforceable, regardless of how unfair the terms of the agreement are. Therefore, it is highly recommended to hire a divorce lawyer in Tampa to help you prepare the prenuptial agreement. An experienced lawyer can help ensure that the agreement stands up to judicial review. Finally, a prenup can describe the roles and responsibilities of each party throughout the marriage. It can include a section on where the couple will live, how they will raise their children, and when, how and with what money each party will be allowed to complete an education. Whatever the circumstances, a prenuptial 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. To fully understand what a prenup agreement is, you need to know what kind of problems can be part of a valid prenup. According to Florida`s Prenuptial Agreement Act, a prenup cannot contain anything that violates law or public order. As legal advisors, we can only represent one party, even in amicable circumstances. We strongly recommend that your future spouse hire his or her own lawyer to represent him or her in the execution of the marriage contract. This is a crucial step that will make this marriage contract much more enforceable in the future.
Any future judge will see that your future spouse had legal representation and that, therefore, the agreement was not concluded “excessively” or under “coercion”. If your future spouse cannot afford to pay for a lawyer, we recommend that you provide them with funds for this purpose, but it is important that they contact a lawyer themselves. If a marriage contract contains provisions that violate law or public order, it is automatically considered invalid. Aside from the criminal law provisions, there are certain things a marriage contract can`t do in Florida. By ensuring that both parties agree in advance on a division of property that meets the needs of each partner, prenuptial agreements can help reduce costly litigation in the event of divorce. However, it is common for prenuptial agreements to be challenged in divorce court, and there may be sufficient reasons for a judge to strike down some or all of the provisions of a prenuptial agreement. Marriage contracts have many uses. They are often used by partners who bring property into a marriage that they do not want to share equally in the event of divorce. These assets can include business ownership, inheritance, retirement assets, annuities and life insurance products. Agreements may cover property that is brought into the marriage or, if certain restrictions are met, while the couple is married. The marriage contract can be a legally enforceable contract. However, in certain circumstances, the agreement may be cancelled.
In addition, a court may disregard certain provisions of the contract while enforcing the rest of the marriage contract. .