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The rules of premarital agreements in Florida

| Aug 11, 2014 | Prenuptial Agreements |

In Florida, couples who are contemplating getting married may enter into a premarital agreement that will become effective as soon as the couple gets married and for which the marriage serves as sufficient consideration. Premarital agreements generally allow the couple to determine on its own how property will be divided if the couple is to get divorced. While such an agreement may not cover the amount of support a child may receive in the event of a divorce, it may be possible to waive the responsibility of either party to provide spousal support.

The state defines property as anything that is real or personal, tangible or intangible or anything that may produce income whether that income is passively or actively earned. The law provides that an agreement may cover the right of either party to protect either a current or future interest in any property covered in the agreement.

A premarital agreement enables the parties to the agreement to determine how property may be bought, sold, traded or otherwise used during or after a marriage. They may also make any agreement that does not go against established law in the state or anything that may otherwise be criminal in nature. The agreement may also be considered null and void if either party can prove that he or he did not agree to it voluntarily.

The use of a prenuptial agreement may define the rights and responsibilities of a married couple in the event that the couple gets divorced or one party were to pass away. Such a pact may make it easier for those with a business, expensive assets or any other property that they want to protect from a spouse should the marriage end.

Source: Online Sunshine, “The 2014 Florida Statutes“, August 07, 2014

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