A prenuptial agreement is a legal contract that outlines the financial rights and responsibilities of two individuals before they get married. It can address a variety of issues, such as property division, alimony, and debt in the event of a divorce. Prenuptial agreements can also determine the parties’ rights in a probate case should either party die during the marriage.

For help drafting or reviewing a prenuptial agreement, contact The Wheeler Firm. Our Florida law office specializes in family law and can guide you so your prenuptial agreement is clear, fair, and legally binding.

 

Key Aspects of a Prenuptial Agreement

• Property Division: The agreement should specify how assets and debts will be divided in the event of a divorce. It can include real property, bank accounts, investments, personal belongings, and anything else of value. Typically, the agreement will identify premarital assets and liabilities, as well as describe the parties’ rights to assets and liabilities obtained during the marriage.
• Alimony: Prenuptial agreements can establish whether alimony will be paid, the amount, and the duration.
• Child Custody and Support: A prenuptial agreement in Florida cannot dictate child custody or support arrangements. These issues must be determined at the time of a divorce to ensure that any judgment reflects the best interests of the child(ren) at that time.

 

Requirements for a Valid Prenuptial Agreement

• Voluntariness: Both parties must enter the agreement freely and without coercion.
• Time for Review: Each party should have ample time to consult with an attorney and review the agreement.
• Full and Fair Disclosure: Both parties must engage in full financial disclosure of their assets, liabilities, income, and other financial circumstances for the agreement to be valid. This is to ensure that the parties knowingly agree to the terms of the agreement. The agreement should acknowledge that both parties received full disclosure, that they are satisfied with the disclosure received from the other, and that they waive the right to further disclosure.
• Written Agreement: The agreement must be in writing and signed by both parties.
• Notarization (Optional): While not required by Florida law, notarization and witness signatures can provide additional protection.

 

Amendments and Revocations

Prenuptial agreements can be modified or terminated after they are executed. Any changes to a prenuptial agreement after marriage must be made in writing and signed by both parties.

Consulting with an Attorney

If you’re considering a prenuptial agreement, it’s highly recommended to consult with a family law attorney. Our local attorneys can help you decide whether a prenuptial agreement is right for you and help you through the whole process. Call (850) 613-6923 The Wheeler Firm, P.A. today for a consultation.

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