Prenuptial Agreements are contracts entered into by two people intending to get married. Postnuptial agreements are entered into after the marriage has occurred, but before a divorce action is filed. If done properly, a nuptial agreement can govern the rights, duties, and obligations of the parties in the event of a termination of the marriage whether by death or divorce.
Florida has a statute governing both the formation and enforcement of Prenuptial Agreements, and generally such contracts will be considered valid unless void for public policy reasons.
While the statute does not apply to Postnuptial agreements, they are still generally enforceable so long as there was full financial disclosure prior to entering into the agreement.
Some of the topics that generally cannot be waived or pre-contracted in a nuptial agreement include:
- Temporary Alimony
- Temporary Attorney Fees/Costs
- Child support (temporary or ongoing)
- Parenting Plans
Topics that can be included, however, are post dissolution fees/costs, elective share considerations, equitable distribution issues, modification of alimony, and post-dissolution alimony.
While you may be uncomfortable seeking a Nuptial Agreement, the unfortunate reality is that not all marriages last. It might be best to know what your rights and obligations are now, rather than years later when it is too late to do anything about it – especially if you are coming into the union with assets or debts. However, even if you do not have significant assets going into the marriage (but could acquire some during the marriage), you may want to protect those assets.
A Nuptial Contract allows the parties significant discretion in agreeing on a number of issues that often become contentious and expensive to litigate in the dissolution of marriage process.
Thus, whether you are the monied spouse seeking to limit your obligations in the event of a dissolution of marriage or the party with few assets and/or income who is potentially waiving (or securing) your rights, a Nuptial Agreement can be a helpful tool. Either way, it is imperative that you have the advice of counsel before signing any such agreement.
Questions about Nuptial Agreements? Call us at 407-403-5990 or contact us (below) to schedule your appointment.
