Florida Prenuptial Agreements Explained: Benefits and Limitations

What Is a Prenuptial Agreement? 

This is a specific contract between the parties, allowing them to agree on most issues that can be resolved in the event of divorce or death. Normally, Florida has its own rules and statutes on how marital assets and liabilities are divided, how alimony is calculated, and how inheritances are handled, amongst other things. A judge will decide these issues in the event of a divorce in accordance with Florida law. 

However, in the event that you do not wish for a judge to apply Florida law and you and your partner want to have matters decided differently based on your own way of having issues handled, a prenuptial agreement is the way to go. 

What a Prenuptial Agreement Means for the Parties

Simply stated, it is a contract that is entered into by both parties in advance of getting married. However, the parties cannot decide matters regarding child support and time-sharing in a prenuptial agreement. This is something that the court would have to decide based on the best interests of the minor child or children when a divorce case is eventually filed. 

Prenuptial agreements are advantageous because you can decide with certainty how you want to resolve your matter if it ever goes to court. For example, if you wish to waive alimony, you can. However, you cannot waive temporary alimony or temporary attorney’s fees based on public policy in the state of Florida. 

For a prenuptial agreement, there is still a requirement that both parties exchange financial disclosures with each other, so that each party can make an informed decision. Otherwise, an agreement would be susceptible to attack if there was not adequate financial disclosure in advance of signing. Also, it is important not to have a prenuptial agreement signed too close to the wedding date because this could be challenged, as one party may argue that they were under duress. Our firm handles divorce and family law cases throughout Florida. If you have more questions, please call us, and we will be happy to talk to you and provide you with more details.

Speak With a Florida Family Law Lawyer Today

The Florida family law lawyers at Winthrop Law Offices, P.A., are dedicated to providing every client with the answers they need to make informed decisions. Contact our firm today to schedule a free consultation.