Premarital Agreements
What is a "Premarital Agreement"?
It is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.
What does a "Premarital Agreement" contain?
It may have the following content in it:
- The rights and obligations of each of the parties in any of the property of wither or both of them whenever and wherever acquired or located
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume. Expend, assign, create a security interim, mortgage, encumber, dispose of, or otherwise manage and control property
- The disposition of property upon separation,, martial dissolution, death, or the occurrence or nonoccurrence of any other event
- The establishment, modification, waiver, or elimination of spousal support
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement
- The ownership rights in and disposition of the death benefit from life insurance policy
- The voice of law governing the construction of the agreement
- Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or law imposing a criminal penalty
Can it be amended or abandoned?
After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parities. The amended agreement, revocation, or abandonment is enforceable without consideration.
When is a premarital agreement not enforceable?
It is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought provided it:
- The party did not execute the agreement voluntarily
- The agreement was the product of fraud, duress, coercion, overreaching
-
The agreement was unconscionable when it was executed and before execution of the agreement, that party:"
- Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party
- Did not voluntarily and expressly waive in writing any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided
For additional information regarding a Premarital Agreements, please contact our law firm through this site or call our office today at (850) 434-8904 for a free 10 minute telephone consult.
