A Prenuptial Agreement (or “Antenuptial Agreement) may be a very important document if you are considering a marriage!
A premarital or prenuptial agreement is “an agreement between spouses made in contemplation of marriage and to be effective upon marriage.” In Florida, these agreements must be in writing and signed by both parties. Although there is no absolute requirement to make a disclosure of finances, it is highly recommended and it should also be done in writing well prior to the signing of the agreement.
A prenuptial can protect the rights and obligations of both parties with respect to property. If one party owned a house before marriage, the prenuptial could include a provision stating that this spouse would be responsible for all costs associated with the maintenance of that property.
A prenuptial agreement can also protect the right to conduct any known transaction concerning property. The prenuptial could state that a spouse who owned a beach cottage would retain the sole right to sell or lease the property, but the other spouse had the right to use the house and live in it during the summer.
A prenuptial agreement can outline disposition of property if the marriage ends upon separation, death, or the occurrence of another event. A provision could state that if one spouse admits to cheating on the other, a cash payment of a certain amount is made to a certain bank account. A prenuptial can also decide which jurisdiction’s law would be used to interpret the agreement and where any legal proceedings would be held. Many other matters, including personal rights and obligations can also be included. This can include where the couple will live, the freedom to pursue career opportunities, and how they will raise any children.
Prenuptials cannot contain provisions violating public policy or a criminal law. Spousal support obligations vary by state. Both parties may waive the right spousal support. Depending upon the state, spousal support provisions may or may not be upheld in court. An otherwise valid agreement might be set aside if provisions make a spouse eligible for welfare. A court may require spousal support to the extent necessary to take that spouse off welfare.
Child support cannot be determined in a prenuptial. The court will follow state guidelines. The issues of fairness and disclosure are key if a court is required to rule on the enforceability of a prenuptial. Both parties must have entered into the agreement voluntarily. Parties should fairly and reasonably disclose all property and financial obligations.
Prenuptials are not romantic. A couple on the brink of marriage may not want to consider that their marriage could end one day. Taking steps to protect assets now could save time and additional heartbreak in the future.
If you find yourself in such a position it is best to consult an attorney with substantial marital law experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you are considering entering into a prenuptial or if you have any question regarding divorce, child support, spousal support, etc. our firm may be able to help you.
