Prenuptial Agreement and Postnuptial Agreement

Prenuptial Agreement

This is not something which most brides and grooms have on their wedding planning list, sometimes having a prenuptial agreement drafted and executed make sense in some circumstances. In Florida, a prenuptial agreement (“prenup”) is a legal document used to protect each party’s interests and establish guidelines for courts to following concerning issues of equitable distribution and alimony establishment should a divorce action occur.

A valid prenuptial agreement in Florida is a legally enforceable contract; however, it can be challenged and voided in a court of law. A prenup in Florida may be voided in its entirety or just specific provisions of the agreement. Grounds to void an agreement can include, duress, coercion, failure to disclose assets, or fraud.

You could draft an agreement with your spouse or download or purchase documents from an office supply store. prenup kit. It is important to note that there are some issues a Florida prenuptial agreement cannot decide, such as child custody rights. Under Florida law, child custody will be determined by a court in the best interest of the children and not the best interests as determined by the parents. Therefore, custody is not a decision courts are compelled to follow in an active child custody case. A Florida prenuptial agreement must be drafted with care. Contact, Darren K. Edwards P.A., a prenuptial agreement attorney in Fort Lauderdale to determine if you need this legal tool in your toolbox.

Postnuptial Agreements

Postnuptial agreements are quite similar to Prenuptial agreements in both legal requirements and the contents of an agreement. However, it differs in that postnuptial agreements occur after the Florida couple is legally married.

For a Florida postnuptial agreement to be valid, the agreement must:

Contain terms stated in a written document.
Be signed by both spouses
Must contain terms and provisions that are legally consistent with Florida law

Florida law expressly provides the types of agreements two parties can contract to in a postnuptial agreement in Florida Statute §732.702.

Florida parties can address real, personal or intangible property in a postnuptial contract of either or both parties no matter when or where the asset is located or was acquired. A Postnuptial agreement can include agreements on the way property is bought, sold, used, transferred, leased or managed in any other manner. The parties can also agree to the way property is disposed of if a certain life changing events occur, such as a divorce or death.

Just as in a prenuptial agreement, the parties can also come to an agreement on alimony, estate planning instruments or how death benefits from a life insurance policy should be distributed.

Postnuptial agreements also require that both spouses affirm their financial situations were truthfully and accurately disclosed to each other.

A postnuptial agreement is not enforceable if the agreement was the product of fraud, duress, coercion or overreaching, as outlined in the controlling Florida Supreme Court decision of Casto v. Casto, 508 So.2d 330 (Fla. 1987). This means Florida courts will review the Postnuptial agreement and consider the fairness of enforcing the agreement.

If you have questions about whether a postnuptial agreement is right for your marriage, contact Darren K. Edwards P.A. your Fort Lauderdale Divorce Lawyer for a legal consultation.