Florida Statute Prenuptial Agreements

Florida suptial Agreement statutes require that a prenup must be a written document, and both parties must sign it. In addition, both parties should voluntarily agree to sign the Prenup and provide all necessary financial information under the agreement. Marriage contracts can be broad, but they are generally used to provide adequate financial information between the parties and to settle marriage property and obligations in the event of separation or divorce. Many people may want to separate pre-wedding property, including businesses and institutions that started before marriage. In the absence of a contrary agreement, the state will distribute the matrimonial property under state law. However, a pre-marital contract will determine how all real estate will be decided as before the marriage. In addition, marriage contracts may be either child support, a spouse, property rights or certificates. When signing a prenup, it is best to give a draft lawyer of the document and two separate lawyers (a separate lawyer for each potential spouse). Remember that lawyers who check the document should not be related to you, your spouse or the other. The respective law firms should specialize in family law and expertise in Florida`s pre-negotiation agreements and estate planning.

One can imagine a multitude of situations in which a marriage may contain clauses that should be invalidated to public order. Imagine a conjugal agreement in which the parties agreed in advance that each parent must maintain respect for a particular religion. This would clearly violate the religious freedom of the parties. The standard that the courts require of two parties entering into a marriage pact is quite high. “The parties must exercise the highest degree of good faith, openness and sincerity in all matters that respect the conditions and implementation of the proposed agreement, fairness being the last measure. Lutgert v. Lutgert, 338 So.2d 1111, 1115 (Fla. 2d DCA 1976) Both parties must hire their own divorce lawyer when entering into a marriage agreement. If you do not hire your own lawyer, this cannot be reason enough to cancel an agreement. They should be informed of the pros and cons of the agreement before signing. Once a wedding book is executed completely, it can be mandatory and not changeable, you should continue with care. If a marriage contract contains provisions contrary to law or public order, it is automatically considered invalid.

Apart from the criminal provisions, there are certain things that a marriage agreement in Florida cannot do. If the answer is yes, let`s move on to the following test: does this conjugal agreement offer the other spouse the same standard of living that he enjoyed during the marriage? First, a marriage contract cannot forego child assistance, nor can it set an amount for child care.