A prenuptial agreement lets a couple decide in advance how their property and finances will be handled if the marriage ends. Florida enforces these agreements under a specific statute, provided they meet its requirements. A Tampa prenup lawyer can prepare an agreement that protects both parties and withstands a future challenge.
What a Prenup Can Cover
A prenuptial agreement can address most financial matters between spouses. It can define each spouse’s property rights, identify what remains separate and what becomes marital, and set terms for alimony, including a waiver. It can also direct how property passes on death and address wills, trusts, and life insurance. Couples often use a prenup to protect a business, an inheritance, or assets brought into the marriage. The agreement controls many of the issues that would otherwise be decided through property division and spousal support.
What a Prenup Cannot Do
Florida limits what a prenuptial agreement may decide. It cannot waive or reduce child support, because that right belongs to the child and is a matter of public policy. It cannot include terms that violate the law or public policy. A court will also refuse to enforce a term that was unconscionable when the agreement was signed.
Requirements for an Enforceable Agreement
Florida adopted the Uniform Premarital Agreement Act, found at section 61.079 of the Florida Statutes. The agreement must be in writing and signed by both parties, and it takes effect upon marriage. A party challenging the agreement can defeat it by proving that he or she did not sign voluntarily, that the agreement resulted from fraud, duress, coercion, or overreaching, or that it was unconscionable and made without fair financial disclosure. Full disclosure and independent counsel for each party strengthen the agreement. A Clearwater prenuptial agreement lawyer can prepare an agreement designed to satisfy these requirements.
Postnuptial Agreements
A couple who is already married can sign a postnuptial agreement, which covers similar ground. Postnuptial agreements are not governed by the Premarital Agreement Act, and Florida courts examine them closely. Full and fair financial disclosure is especially important for a postnuptial agreement to be enforced.
The McKinney Law Group prepares and reviews prenuptial and postnuptial agreements throughout the Tampa Bay area, including agreements involving substantial assets and business interests. Consult a St. Petersburg family lawyer and contact our office to schedule a consultation regarding your situation.