Do I need a prenuptial agreement before I get married and are they really enforceable in Florida?

A prenuptial agreement is a contract entered into by a man and woman in anticipation of their marriage. The premarital contracts formed through these agreements usually outline the division of assets and debts and form and amount of support, if any, that each party will be entitled to in the event of divorce or death. Prenuptial agreements can be binding on issues of the division of property, spousal support and alimony; however, prenuptial agreements are generally not binding on issues of child custody and, on occasion, child support. In Florida, Marriage Settlement Agreements as well as prenuptial and postnuptial agreements are considered the same as any other contract parties may enter into and, therefore, are presumed to be valid and enforceable. This presumption can be overcome only if evidence is presented by the spouse seeking to set aside the agreement that the agreement was entered into under fraud, deceit, duress, coercion, misrepresentation, or overreaching or that there was not a full and fair disclosure of assets and liabilities of each spouse at the time of the agreement, and a waiver of the disclosure was not included in the agreement. Florida has adopted the Uniform Premarital Agreement Act to specifically address issues involving interpretation and enforcement of prenuptial agreements. Spouses and future spouses should be aware that marriage settlement, premarital and postnuptial agreements are valid and enforceable even if one spouse or prospective spouse does not retain an attorney to review the agreement before they sign the agreement.

If you are considering a prenuptial agreement in Florida, contact Vari & Associates.  Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.

When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.

Disclaimer

The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.

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