WHAT ARE FLORIDA PRENUPTIAL AGREEMENTS
The Uniform Premarital Agreement Act, section 61.079, Florida Statutes, governs prenuptial agreements in Florida. Florida prenuptial agreements are contracts between two people contemplating marriage, and it becomes effective upon their marriage. The prenuptial agreement resolves issues such as property distribution and alimony should the marriage end in divorce.
The prenuptial agreement must be in writing and signed by both parties. The marriage itself is a consideration for the prenuptial agreement. The primary purpose of a prenuptial agreement is to guide the court in resolving issues regarding the equitable distribution of separate and marital property, increases in the value of that property, and spousal support (alimony). A prenuptial agreement can address other issues.
HOW CAN I OVERTURN A PRENUPTIAL AGREEMENT
Overturning a prenuptial agreement is possible if:
a) The party did not execute the agreement voluntarily; or
b) If fraud, coercion, duress, or overreaching resulted in its execution; or
c) The agreement is unconscionable and, before the execution of the agreement, that the party seeking to overturn the agreement: (i) did not receive a fair and reasonable disclosure of the property or financial obligations from the other party; (ii) the party did not voluntarily and expressly waive, in writing, his or her right to full disclosure of the property or financial obligations of the other party beyond that which was disclosed; (iii) the party did not have, or reasonably could not have discovered, knowledge of the property or financial obligations of the other party.
Basically, each party must make full and fair disclosure of their property and financial obligations and each party voluntarily executed the agreement without duress, coercion, fraud, or overreaching.
WHAT CAN’T BE RESOLVED BY A PRENUPTIAL AGREEMENT
A prenuptial agreement cannot decide issues regarding child custody or child support. The court will decide issues of custody based on the child’s best interests, and child support will be based on the parties’ respective income at the time of separation or divorce. An alimony clause in an agreement can be unenforceable if the court finds that enforcing the alimony clause will result in a party qualifying for any form of government assistance.
If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.