Prenuptial Agreements in Florida
Many times, a party to a marriage has been previously
married or has amassed assets that he/she wants to keep
separate from the marriage. Often, a party may have children
from prior marriages or relationships whom he/she wants to
provide for separately prior to entering into a new
marriage.
Prenuptial agreements
(or, more commonly
referred to as "prenups") are also referred to as
"premarital" or "antenuptial" agreements. A
prenuptial agreement is an agreement entered
into before the parties get married and is effective upon
marriage. It is usually entered into to establish or limit
each party's rights and responsibilities in case the
marriage ends in
divorce or death of one of the parties.
A prenuptial agreement can be as detailed or
as limited as the parties desire, except that it cannot
pre-determine custody
and
child support of any children born to the
marriage in the event of a divorce. Except in
certain circumstances, a prenuptial agreement
may be able to limit one spouse's entitlement to
alimony and right to the other spouse's
estate, and can be used in a
divorce
and probate proceedings as evidence of the
parties‘ agreement on issues of alimony
and property division.
Although a prenuptial agreement may contemplate the possibility of a divorce in the future, an agreement that facilitates or promotes divorce will not be enforceable. In addition, a prenuptial agreement that is entered into while one of the parties is still married to another person will not be enforceable.
Our staff at the Law offices of Dulce B. Fazel P. A., a Jacksonville Florida Divorce Attorney; will guide you in creating a valid, enforceable prenuptial agreement.