Pre-nuptial Agreements – Florida
Pre-nuptial Agreements or Premarital agreements in Florida are governed under Florida Statutes 61.079. The purpose of a prenuptial agreement is to draft a sound, legally binding agreement that in the event of a divorce, each party will retain ownership of certain assets and liabilities acquired before and after the marriage. However, a prenuptial is not necessarily limited to property division and can include: “The choice of law governing the construction of the agreement; and any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.” (Source Fl Statutes)
Who Should Get a Pre-nuptial Agreement?
Anyone can opt to enter into a premarital agreement, but according to a survey by the American Academy of Matrimonial Lawyers (AAML), for several years millennials have been trending towards opting for pre-nuptial agreements. If one or both parties have high net worth, or you own businesses, or you’re a high profile professional, it is generally recommended and very common to enter into a premarital agreement.
Whether you decide to opt to enter into a pre-nuptial or not is up to you and your fiancé. If you do decide to go forward with a pre-nuptial, it is highly beneficial to hire a Tampa family law attorney who has experience drafting solid pre-nuptials that are in accordance with Florida law. While you may be tempted to use a do-it-yourself form or an inexperienced attorney, all too frequently these contracts will not stand up in a Florida court should the legal requirements not be met.
What Does a Typical Pre-nuptial Agreement Include
There are several things that will be covered in a typical pre-nuptial agreement but most areas are financial in nature and focus on the following:
- Real Personal Property
- Tangible or Intangible Property, Vested or Contingent
- Income and Earnings (active and passive)
- Retirement and Investments
- Rights and obligations of parties
- Spousal Support and Alimony – The establishment, modification, waiver, or elimination of spousal support.
- Wills & trusts
- Life Insurance Policies , Death Benefits
Can Pre Marital (pre-nuptial) Contracts in Florida be Modified or Terminated?
AMENDMENT; REVOCATION OR ABANDONMENT.—After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.
Consult with a Tampa Pre-nuptial Attorney
Nilo J Sanchez & Associates has specialized in Florida Family & Marital Law for over 25 years in Tampa Bay. When you need sound, legal solutions to premarital matters, such as prenuptial agreements, you can trust that we have the experience you can trust.
Call 813-879-4600 for information or to schedule a consultation or leave us a secure message below.