In Florida, there are legal requirements defined by statute that must be met to ensure a prenuptial agreement is enforceable. Below I have outlined some of the key points.
What is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract between two individuals before you marry.
It can serve many different purposes including:
- Protecting certain assets in the event of a divorce.
- Determining how certain assets and debts will be divided in the event of a divorce or death of either spouse.
- Determining how alimony will be addressed or waived in the event of a divorce.
- Determining how assets or estates may be passed on to family members of either spouse.
Key Requirements for a Valid Prenup in Florida
In Writing – It has to be in writing. The writing should be very clear as to legal rights, and what will happen in the event of divorce or death.
Signatures – Both parties must sign the prenuptial agreement. The signatures signify that both parties have voluntarily entered into the agreement. Additionally, you should have two witnesses and a notary at the signing ceremony.
Full Disclosure – Each party must fully disclose their financial assets and debts to the other party in writing. This includes all properties, income, liabilities, and any other financial interests. Failure to disclose can render the agreement invalid.
Voluntary Agreement – The prenuptial agreement must be entered into voluntarily and without any form of coercion or undue influence. Both parties should have ample time to consider the terms and seek legal counsel if desired.
Independent Legal Advice – It is strongly recommended that both parties seek independent legal advice before signing the prenuptial agreement. This helps ensure that both parties fully understand their rights and the implications of the agreement. Also, this helps to validate the agreement and ensure that it will hold up in court.
Conclusion
A well-crafted prenuptial agreement can provide clarity and security for couples entering into marriage. By meeting the legal requirements and seeking independent legal advice, individuals can create a valid and enforceable prenuptial agreement that clarifies important financial issues before entering into the marriage.
If you, or a friend of yours, have questions about a prenuptial agreement in Palm Beach County, we are here to help.
Helpful Resources:
Fixed Fees – Prenuptial Agreement
Florida Academy of Collaborative ProfessionalsFlorida Family Law Forms
