Today is dedicated to all things Family Law! I am sure you have heard of prenuptial and postnuptial agreements. We hear about celebrities in the media, see them on TV shows and perhaps even know family members that entered into them.
Did you know that there are differences and which one you choose could impact your Family Law case differently? Today I want to offer a brief explanation of nuptial agreements in Florida so you have a better understanding when dealing with your Family Law case.
Generally, people enter into nuptial agreements to address the division of non-marital and marital property rights. IN many cases, the nuptial agreement is meant to protect property of children from previous marriages. Before I delve into the differences, allow me to offer a definition of both types of nuptial agreements.
Prenuptial = an agreement by two individuals before they legally marry. These agreements are typically entered into because one of the spouses has a significant amount of assets that he or she would like to keep in the event of a subsequent divorce.
Postnuptial = A postnuptial agreement is very similar to a prenuptial agreement except that in the case of the former, the couple is already married. It is a legal document that details how the couples wishes to divide their assets should they divorce in the future. A postnuptial agreement can include how a couple wants to divide their savings and investments, who keeps the home, alimony arrangements, division of debts, and even who keeps the family dog.
Below, I have highlighted some of the requirements for both types of agreements for you.
Prenuptial requirements
· The agreement must be in writing to be enforceable
· There must be no force or coercion and any agreement should be executed well before the planned wedding
· The agreement must be signed by both parties
· To be effective it must be followed by a valid marriage
· Florida statutes require that provisions made are permissible under Florida law. If an agreement is made that is in violation of Florida statutes, it will be disregarded by the court.
· Topics in the agreement may include:
o What happens to property
o Rights and obligations regarding property
o Spousal support
o Rights and disposition of life insurance policies
o Rights regarding claims against the estates of the other party in the event of death
Postnuptial requirements
· This agreement must also be in writing
· Both spouses also must freely and willingly sign
· The agreement must be fair
Regardless of whether there it a Pre-Nuptial or a Post-Nuptial agreement, both spouses are required to make a complete and truthful financial disclosure. This includes all sources of income, assets, property, and debts. If the couple divorces and a spouse can prove that the other spouse withheld any financial information, then the agreement will not be upheld.
I hope this has helped with any confusion you may have had regarding the various forms of nuptial agreements. Please do not hesitate to contact us with any further questions or clarifications!
***The thoughts, facts, and opinions in this blog are meant to be informational and in no way constitute legal advice of any form. If you have family law questions, please reach out to our office to schedule your free consultation.
Sources:
https://www.18884mydivorce.com/divorce-law/prenuptial-postnuptial-agreements-florida/
https://www.troylegalpa.com/requirements-for-valid-postnuptial-agreements-in-florida/
https://www.floridalegaladvice.com/blog/prenuptial-postnuptial-agreement/
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