PRE NUPTIAL & POST NUPTIAL AGREEMENTS – FORT LAUDERDALE / MIAMI
As an Attorney I have enforced pre nuptials that were entered into in other states and foreign countries. I have also prepared and executed many prenuptial agreements in my career. The Florida Statute governing prenuptial agreements can be found in §61.079. Parties can contract into entering into a prenuptial to cover the following issues:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event
- The establishment, modification, waiver, or elimination of spousal support
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement
- The ownership rights in and disposition of the death benefit from a life insurance policy
- The choice of law governing the construction of the agreement
- Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty
A premarital agreement becomes effective upon marriage. After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Pre nuptials can be made to fit any marriage, but once once again I must warn that the parties cannot waive child support or the financial inferior spouse’s right to demand temporary attorney’s fees. This goes against public policy in Florida since the child cannot maintain himself and the financially inferior spouse has the right to be at equal footing in litigation if the other spouse has the ability to provide temporary fees.