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Prenuptial Agreements

Prenuptial agreements (also called antenuptial agreements) have been around for hundreds of years.  And for just as long as they’ve been around, their enforceability has been litigated.  Clients who desire to have a prenuptial agreement, often ask for an “iron clad” agreement that will never be subject to attack.  But, just as there are no guarantees in life, there are no guarantees in law, and there is simply no way to know at the time a prenuptial agreement is entered into if it will hold up years later.  But for many individuals with high assets or wealth, or who have the possibility of amassing high assets/wealth during the marriage, it’s better to have a prenuptial agreement that may be subject to attack later, than to not have a prenuptial at all.

If you are interested in entering into, enforcing, or attacking a prenuptial agreement, you need the guidance of an experienced family law attorney.

Contact us today for a consultation to see how we can help with your prenuptial agreement issues

Postnuptial Agreements

Postnuptial agreements (also sometimes referred to as marital settlement agreements) can also be entered into, either as part of a negotiated settlement of a divorce action, or even if no divorce action is anticipated. The enforceability of a post-nuptial agreement depends on whether it is being entered into in anticipation of a divorce, or if a divorce action is pending, or whether it is being entered into while the marriage is still in tact and no divorce action is anticipated.

If you are interested in entering into, enforcing, or attacking a postnuptial agreement, you need the guidance of an experienced family law attorney.

Contact us today for a consultation to see how we can help with your postnuptial agreement issues.

The Uniform Premarital Agreement Act

Prior to 1972, prenuptial agreements which determined what, if any, spousal support would be provided were deemed to be void, as against public policy. Since that time the general rule against prenuptial agreements has eroded. In fact, in 1983, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Premarital Agreement Act (“UPAA”), in response to concerns over the lack of uniformity as to validity and enforcement of these contracts between states, and during a time when the demand for premarital agreements was on the rise. But, it wasn’t until 2007 that Florida finally adopted some version of the uniform act, in Section 61.079, Florida Statutes.

Contact us today for a consultation to see how we can help with your prenuptial agreement issues.

What Provisions Are Allowed in a Prenuptial Agreement?

Among other things, Florida’s version of the UPPA provides that a premarital agreement must be in writing and signed by both parties, and that the marriage itself is sufficient consideration for the contract. The Act also provides that a premarital agreement may address:

  • the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located
  • the disposition of property upon separation, marital 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 a life insurance policy
  • the choice of law governing the construction of the agreement

The UPAA also provides that the right of a child to support may not be adversely affected by a premarital agreement.

Contact us today for a consultation to see how we can help with your premarital agreement issues.

What Impacts the Enforceability of Premarital Agreements?

Under Florida’s version of the UPAA, a premarital agreement is not if the party against whom enforcement is sought proves that:

  • the party did not execute the agreement voluntarily
  • the agreement was the product of fraud, duress, coercion, or overreaching
  • the agreement was unconscionable when it was executed and, before execution of the agreement, that party
  • the 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 or did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party

Additionally, if a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

Contact us today for a consultation to see how we can help with your premarital agreement issues.

Can a Premarital Agreement be Modified, Amended or Revoked?

A premarital agreement can be modified or amended, after the marriage of the parties, or even revoked or abandoned, but any such change must be done in writing and signed by the parties. Such an amendment, or a revocation or abandonment is enforceable without consideration.

Contact us today for a consultation to see how we can help with your premarital agreement issues.

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