Florida Prenuptial Agreements & Contract Law

There are many different reasons why a couple might want to execute a prenuptial agreement (‘prenup’) in this day and age. Some choose one for a second marriage; others want to preserve separate property before their first. Regardless, it is crucial to understand that a prenup is a contract, and is governed by Florida contract law if it is executed in Florida. A breach will be taken very seriously if one comes to pass.

Specific Requirements & Consequences

Florida is a state with very specific provisions in its contract law, and while marriage-related contracts are more complex than the average documents seen in business, similar provisions govern them both. For example, a contract that is unequal is usually considered enforceable, as is a prenup, unless the inequality leads to legal problems. One of the most common (though rare) scenarios in which a prenup may be set aside is when the contract is so inequitable that one spouse would wind up on public assistance in the event of a divorce.

In general, though, state law gives wide leeway in terms of what may be contained in a marital contract. The relevant statute explicitly permits parties to contract with regard to almost anything one might dream up, as long as it is not against public policy or criminal law, with one exception – the right of a child to support. That right is seen as belonging to the child, and thus cannot be disposed of by its parents before it is even born.

Full Disclosure Is Crucial

The parts of a prenuptial agreement dealing specifically with divorce can sometimes be convoluted, particularly given the strong emotions associated with these issues. Questions like spousal support and property division may trigger discussion or even argument – but in general, couples choose prenuptial agreements so they can have these discussions long before they are necessary in reality. It may be a good idea for you and your soon-to-be spouse, despite its lack of romance.

If you do decide to have one, be advised that the key word in contracts is transparency. In order for a prenup to be enforceable, both parties must disclose a complete picture of their finances (assets and debts) – a failure to do so gives the spouse who fully disclosed a chance to have the contract declared invalid. Fraud or duress are the only defenses that most Florida courts will accept as a reason to have a prenup declared invalid – so both spouses must do their best in order to avoid these issues.

Call A Hollywood, FL Prenuptial Agreement Attorney

Some couples decide to go without a marital contract, but for many it is an extra layer of peace of mind. A Hollywood family attorney from the Law Offices of Steven A. Mason, P.A. can help you determine if one is right for you and your spouse. Call our office today at (954) 963-5900 to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html