Florida Premarital Agreement Statute

Section 3 of the Act, which deals with actual content, provides that parties to a pre-marital contract agreement regarding: The financial rights and obligations of each spouse during and after marriage are generally covered in a prenup. Potential spouses often deal with the following issues in a pre-marital agreement in Florida: 2. The agreement was the product of fraud, coercion, coercion or overstaying;  or My spouse has gone and now live in another state for over a year now, I want a post-marriage arrangement Not every aspect of a Florida divorce can be resolved with a marriage contract. For example, a court may invalidate the provisions of an agreement that attempts to change child care or custody. A court will only enforce these provisions if they are more child-friendly than the law in Florida. See The League vs. Lassiter. In addition, the provisions of a marriage pact that attempt to limit or prevent assistance in the event of an imminent divorce are generally unenforceable. Entering a marriage is a life-changing event, and each party hopes it will last forever. However, divorce is more common than couples want, making marital agreements a necessity. For example, the American Psychological Association reports that forty to fifty percent of marriages end in divorce. In addition, the divorce rate is even higher for secondary or subsequent marriages.

See the American Psychological Association. If the parties do not agree otherwise, the assets and liabilities acquired during a marriage will be distributed equitably at the time of divorce under the Fair Distribution Act. The old age pension is governed either by their own conditions, by Section 61.076, Florida Statutes, or by both, and unless the parties are able to agree on the sale of the matrimonial home, section 61.077, The Florida Statute will govern their right to transfers and credits after sale. All of these legal provisions may be amended or removed by an enforceable pre-marriage contract. The marital succession is determined by the date of the marriage until the day of filing an application to dissolve the marriage. The valuation date is usually the filing date, but the court has discretion with respect to various assets, such as the value of the matrimonial home.B. All this in advance, a duly constructed pre-marriage agreement pulls spouses from the limits of these considerations. Under Florida law, people who think about marriage are in a confidential relationship. This confidential relationship establishes the obligation to fully and fairly disclose the nature, extent and value of the assets and liabilities held by each party, as well as the annual income, so that the other party can make an informed decision about what will be abandoned by the conclusion of the pre-marriage contract. This requirement ensures that the parties negotiate in good faith and with the relevant and necessary information.

To make a full financial disclosure, each party must disclose its net assets (all assets and liabilities as well as their values and amounts) as well as previous and projected revenues on the basis of the information available. A pre-marriage agreement is not applicable if the person against whom it is applied is able to prove that the agreement was unacceptable in its execution and because of a lack of financial information. In some situations, you can also apply a confidentiality agreement and seal the information provided. This information would only be used if the pre-marital contract was involved, for example in a dissolution of the marriage. As a general rule, the party that wants to enforce the agreement will receive the weight of the proof of full disclosure. If the presumption is not rebutted by evidence, the agreement may be nullified in its entirety or limited to certain provisions.