Contact our family law office in Jacksonville, FL with your pre/ postnuptial agreement questions!
Since a significant number of marriages end in divorce, if you are considering getting married, you may also be considering entering into a prenuptial agreement with your future spouse. If you are already married, then it would be called a postnuptial agreement.
Florida Prenuptial Agreement Laws
Florida law allows for prospective spouses to enter into a contract in anticipation of a marriage that will determine various rights and obligations of each party both during and after the marriage. A prenuptial agreement can protect a party’s assets should the marriage end in divorce and can even address the division of property upon the death of a party.
What can and cannot be included in a prenuptial agreement?
Florida law strictly prohibits prospective spouses from contracting for anything that would be in violation of public policy. For example, the agreement cannot determine child support or custody of children the parties may have together. However, couples may contract for a number of other things in their prenuptial agreement.
The following are allowed in a prenuptial contract.
- Property
- Spousal support (otherwise known as alimony)
- Provisions of a will or trust
- Ownership rights from a life insurance policy
- Division of business assets
Florida law requires that all prenuptial agreements be in writing and must be signed by both parties. Another requirement is that each party must give a full and fair disclosure of their property and financial obligations to the other party. If this is not done, the agreement may not be enforceable in an action in a Florida court. General contract law provisions apply to both pre- and postnuptial agreements so it’s important to seek advice from a qualified attorney to determine if coercion or duress is or may be an issue if a dissolution of marriage action is filed.
If you have any questions regarding prenuptial agreements in Florida, please contact an experienced attorney at Fletcher and Phillips at 904-353-7733.