A prenuptial agreement is a written agreement between parties before getting married. In some instances, parties sign the agreement during the marriage. In that event it may be referred to as a postnuptial agreement. Normally, a Florida prenuptial agreement determines what will occur upon divorce with regard to any issues regarding division of property, debt, alimony or spousal support, and child custody or time sharing.
Usually what a party will get or not get under a prenuptial agreement in the event of divorce, would be different than what a judge would order upon divorce if there were no prenuptial agreement to go on. At times, a Florida prenuptial agreement will have enclosed that neither party will get alimony no matter how long the marriage is. Or it may provide that a party will not get property or assets which they might otherwise get if there were no prenuptial agreement. So a prenuptial agreement can help with:
avoiding paying alimony or splitting property
entitlements to alimony under the law because of the length of the marriage
Often, during a divorce with a prenuptial agreement, the party who feels that they're getting a bad deal because of the prenuptial agreement may try and have it invalidated by saying they were coerced or pushed into signing it or they may say that the other party didn't accurately divulge their assets. Therefore, it is extremely important that your prenuptial agreement contain the appropriate disclosures and be witnessed by disinterested third parties.
Out-of-state prenuptial agreements may be upheld as valid in Florida even if they may not comply with Florida law. In a nutshell, a valid prenuptial agreement most likely will not be overturned or declared invalid just because in hindsight it was a bad deal for someone.
It is also important to know that:
The right to child-support if a child is born during the marriage cannot be waived by agreement
In Florida, child support is viewed as being the child’s
and is not necessarily a “perk” for either parent to negotiate.
So, if you are considering presenting a Florida pre-nuptial agreement to your fiancé, it is best to do it a sufficient period of time before the wedding. That will give your future husband or wife sufficient time to contemplate the terms of the prenuptial agreement, review your financial disclosure and try to negotiate a better deal if they care to or just not get married. It will also allow them the opportunity to secure a lawyer. Doing all of these things may stop the other side from successfully challenging the validity of the prenuptial agreement upon divorce.
No matter where you live in Florida, Fair Price Legal will discuss the preparation of and issues pertaining to a Florida prenuptial agreement via a free 30-minute consultation.
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