A Florida prenuptial agreement is a contract between prospective spouses to determine how issues like debt, alimony, and property will be treated in a divorce. The legal document ensures that individuals are not devoid of their economic and personal rights in case of separation from their spouses. The prenuptial agreement is legally binding in many countries and holds significance in the court. The Florida prenuptial agreement is one document that applies to the US state of the same name.
What Do You Mean by the Florida Prenuptial Agreement?
A Florida prenuptial agreement sets the rules for the court regarding each spouse's interest in marital assets in the event of the partner's death or divorce. The agreement is a contract that determines the distribution of debts, assets, alimony, and other issues, in the event of unforeseen circumstances. It also allows the respective spouses to modify specific provisions related to the Florida divorce law to fit particular situations.
Who Should Get the Florida Prenuptial Agreement?
Couples may want to sign the prenuptial agreement for various reasons. The best part about the legal document is that it brings predictability and certainty to an individual's financial future. The following list of people gets the Florida prenuptial agreement:
- Individuals who own assets before marriage and want to protect them from division during divorce.
- Single parents who have children from a previous relationship and want to secure their future inheritance.
- Individuals with business interests that they would like to keep separate from their spouses if the marriage fails.
- Individuals who want to determine whether one spouse will pay alimony to the other during divorce or separation.
What Issues Does a Florida Prenuptial Agreement Cover?
Couples use prenuptial agreements in Florida to enter into certain agreements that do not violate the law or public policies. The agreement covers each spouse's financial rights and obligations during and after marriage. Couples use the Florida Prenuptial agreement to determine the following issues:
- The ability of each spouse to control or manage the property after marriage.
- The division of assets or property in the event of death, divorce, or separation.
- Whether one of the spouses will pay alimony during divorce or separation.
- The alimony amount and duration.
- Spouse's retirement pensions and life insurance policies.
- Whether any of the spouses are required to write a will and carry out the agreement terms.
- Which state's laws will be used to interpret the rules and provisions in the agreement?
What Are the Limitations of the Florida Prenuptial Agreement?
The Florida prenuptial agreement may have several requirements before its amendment. However, the court will not enforce the law if it includes the following factors:
- Either of the spouses does not sign the agreement voluntarily.
- The agreement is signed because of coercive or fraudulent intentions.
- The agreement is illegally unfair when the couple signs it and one of the spouses challenges the provisions in it.
- No fair and reasonable disclosure of either of the spouse's financial circumstances.
Conclusion
The Florida prenuptial agreement is significant because it helps protect the rights of both spouses in the US state when they get divorced or separated in the future. The rules and provisions included in the legal document are complex, and every individual must seek professional help in drafting it.
If you are looking for legal assistance in drafting your Florida prenuptial agreement, ContractsCounsel will help you. Visit the official website, post a project, and get professional help in no time.
See Prenuptial Agreement by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Meet some of our Florida Prenuptial Agreement Lawyers
Michael K.
A business-oriented, proactive, and problem-solving corporate lawyer with in-house counsel experience, ensuring the legality of commercial transactions and contracts. Michael is adept in reviewing, drafting, negotiating, and generally overseeing policies, procedures, handbooks, corporate documents, and more importantly, contracts. He has a proven track record of helping lead domestic and international companies by ensuring they are functioning in complete compliance with local and international rules and regulations.
Ralph S.
Ralph graduated from University of Florida with his JD as well as an LLM in Comparative Law. He has a Master's in Law from Warsaw University , Poland (summa cum laude) and holds a diploma in English and European Law from Cambridge Board of Continuous Education. Ralph concentrates on business entity formation, both for profit and non profit and was trained in legal drafting. In his practice he primarily assists small to medium sized startups and writes tailor made contracts as he runs one of Florida disability non profits at the same time. T l Licensed. in Florida Massachusetts and Washington DC this attorney speaks Polish.
Jessica P.
Moss S.
Over 30 years of experience practicing commercial real estate and complex business litigation law.
November 12, 2021
Anna K.
Anna is an experienced attorney, with over twenty years of experience. With no geographical boundaries confining her practice, Anna works on corporate, healthcare and real estate transactions. Anna brings extensive big firm experience, garnered as an associate in the Miami office of the world's largest law firm, Baker and McKenzie, and the Miami office of the international law firm Kilpatrick Townsend. Her areas of expertise include: mergers and acquisitions, initial public offerings, private placements, healthcare transactions, corporate finance, commercial real estate transaction and acting as a general corporate counsel. Anna is certified to practice law in Florida and was admitted to the Florida Bar in 1998. Anna is also a Certified Public Accountant. She passed May 1995 CPA Exam on the first sitting. She is fluent in Russian (native).
October 12, 2021
Grant P.
Founder and owner of Grant Phillips Law.. Practicing and licensed in NY, NJ & Fl with focus on small businesses across the country that are stuck in predatory commercial loans. The firm specializes in representing business owners with Merchant Cash Advances or Factoring Arrangments they can no longer afford. The firms clients include restaurants, truckers, contractors, for profit schools, doctors and corner supermarkets to name a few. GRANT PHILLIPS LAW, PLLC. is at the cutting edge of bringing affordable and expert legal representation on behalf of Merchants stuck with predatory loans or other financial instruments that drain the companies revenues. Grant Phillips Law will defend small businesses with Merchant Cash Advances they can no longer afford. Whether you have been sued, a UCC lien filed against your receivables or your bank account is levied or frozen, we have your back. See more at www.grantphillipslaw.com
October 28, 2021
Oscar B.
Oscar is a St. Petersburg native. He is a graduate of the University of Florida and Stetson University, College of Law. A former US Army Judge Advocate, Oscar has more than 20 years of experience in Estate Planning, Real Estate, Small Business, Probate, and Asset Protection law. A native of St. Petersburg, Florida, and a second-generation Gator, he received a B.A. from the University of Florida and a J.D. from Stetson University’s College of Law. Oscar began working in real estate sales in 1994 prior to attending law school. He continued in real estate, small business law, and Asset Protection as an associate attorney with the firm on Bush, Ross, Gardner, Warren, & Rudy in 2002 before leaving to open his own practice. Oscar also held the position of Sales & Marketing Director for Ballast Point Homes separately from his law practice. He is also a licensed real estate broker and owner of a boutique real estate brokerage. As a captain in the US Army JAG Corps, he served as a Judge Advocate in the 3rd Infantry Division and then as Chief of Client Services, Schweinfurt, Germany, and Chief of Criminal Justice for the 200th MP Command, Ft. Meade, Maryland. He is a certified VA attorney representative and an active member of VARep, an organization of real estate and legal professionals dedicated to representing and educating veterans. Oscar focuses his practice on real small business and asset protection law.
Find the best lawyer for your project
Browse Lawyers NowFamily
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
Texas
Can a prenuptial agreement be challenged in court?
I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.
Nicole P.
Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.
Estate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Need help with a Prenuptial Agreement?
Prenup lawyers by top cities
- Austin Prenup Lawyers
- Boston Prenup Lawyers
- Chicago Prenup Lawyers
- Dallas Prenup Lawyers
- Denver Prenup Lawyers
- Houston Prenup Lawyers
- Los Angeles Prenup Lawyers
- New York Prenup Lawyers
- Phoenix Prenup Lawyers
- San Diego Prenup Lawyers
- Tampa Prenup Lawyers
Florida Prenuptial Agreement lawyers by city
- Boca Raton Prenuptial Agreement Lawyers
- Cape Coral Prenuptial Agreement Lawyers
- Coral Springs Prenuptial Agreement Lawyers
- Davie Prenuptial Agreement Lawyers
- Fort Lauderdale Prenuptial Agreement Lawyers
- Fort Myers Prenuptial Agreement Lawyers
- Gainesville Prenuptial Agreement Lawyers
- Hialeah Prenuptial Agreement Lawyers
- Hollywood Prenuptial Agreement Lawyers
- Jacksonville Prenuptial Agreement Lawyers
- Lakeland Prenuptial Agreement Lawyers
- Lauderdale Lakes Prenuptial Agreement Lawyers
- Lauderhill Prenuptial Agreement Lawyers
- Melbourne Prenuptial Agreement Lawyers
- Miami Prenuptial Agreement Lawyers
- Miami Gardens Prenuptial Agreement Lawyers
- Miramar Prenuptial Agreement Lawyers
- Naples Prenuptial Agreement Lawyers
- Orlando Prenuptial Agreement Lawyers
- Pembroke Pines Prenuptial Agreement Lawyers
- Pensacola Prenuptial Agreement Lawyers
- Plantation Prenuptial Agreement Lawyers
- Pompano Beach Prenuptial Agreement Lawyers
- Port St. Lucie Prenuptial Agreement Lawyers
- Saint Petersburg Prenuptial Agreement Lawyers
- Sarasota Prenuptial Agreement Lawyers
- Sunrise Prenuptial Agreement Lawyers
- Tallahassee Prenuptial Agreement Lawyers
- Tampa Prenuptial Agreement Lawyers
- West Palm Beach Prenuptial Agreement Lawyers
ContractsCounsel User
Prenuptial Agreement
Location: Florida
Turnaround: Less than a week
Service: Contract Review
Doc Type: Prenuptial Agreement
Page Count: 8
Number of Bids: 4
Bid Range: $150 - $500
ContractsCounsel User
Prenuptial Contract
Location: California
Turnaround: A week
Service: Contract Review
Doc Type: Prenuptial Agreement
Page Count: 8
Number of Bids: 2
Bid Range: $650 - $875
related contracts
- Advance Healthcare Directive
- Affidavit
- Affidavit of Marriage
- Antenuptial Agreement
- Authorization for Release of Protected Health Information
- B2 Visa
- Child Custody Agreement
- Co-Parenting Contract
- Cohabitation Agreement
- Divorce Agreement
other helpful articles
- How much does it cost to draft a contract?
- Do Contract Lawyers Use Templates?
- How do Contract Lawyers charge?
- Business Contract Lawyers: How Can They Help?
- What to look for when hiring a lawyer