So you’re about to get married and you’re concerned about a potential dispute with your future spouse regarding alimony or property division should your marriage fail.
A prenuptial agreement can make your life much easier.
What is a Prenuptial Agreement in Florida?
A prenuptial agreement, also referred to as a “prenup,” is a written agreement signed between you and your future spouse prior to getting married and in contemplation of the marriage.
What does a Prenuptial Agreement do?
A prenuptial agreement dictates who gets what when you divorce your spouse.
How can I create a valid and enforceable Prenuptial Agreement?
Generally, to be enforceable, a prenuptial agreement must be in writing and signed by you and your future spouse.
What can I and my future spouse contract to in a Prenuptial Agreement?
You and your spouse may contract to your rights and/or obligations in any property you own now or acquire in the future, the disposition of any and/or all of your property upon your divorce or the death of either of you, and the establishment, modification, waiver, or elimination of spousal support/alimony, to name a few.
Can I challenge the validity of a Prenuptial Agreement?
Yes. The prenuptial agreement you signed may not be enforced if you can prove that:
1. You did not voluntarily sign the agreement;
2. The agreement was the product of fraud, duress, coercion, or overreaching; OR
3. The agreement was unconscionable when you signed it (the court decides what is “unconscionable”) and prior to signing it:
- Your spouse did not make fair and reasonable disclosure of his or her property or financial obligations;
- You did not voluntarily and expressly waive, in writing, your right to disclosure of your spouse’s property and financial obligations beyond what your spouse disclosed to you already; AND
- You did not have, or reasonably could not have had, an adequate knowledge of your spouse’s property and financial obligations.
Should you have any other family law questions or would like to discuss your particular prenuptial agreement, contact The Law Offices of Jonny Kousa, P.L. today!