Premarital Agreements Lawyer Serving Jacksonville, Florida
Premarital Agreements are recognized in Florida and provide a means for both parties to avoid the application of the law upon the dissolution of their marriage. Instead of applying the law, the court will apply the parties’ agreement so long as the agreement is “enforceable.” In order for it to be “enforceable,” a premarital agreement must be drafted and executed with formalities. The drafting of a premarital, postnuptial or separation agreement should only be done by an experienced attorney. Relying on an agreement throughout the marriage can be financially devastating if the court later determines the agreement to be unenforceable. A Jacksonville premarital agreements attorney can protect your assets, and help avoid common mistakes that pose significant adverse financial consequences.
Premarital Agreement Act Summary
Florida adopted the Uniform Premarital Agreement Act in 2007. The Act is codified in Florida Statutes §61.079. In summary it:
- Requires a premarital agreement be in writing and signed by both parties;
- Allows the parties to address all substantive rights in the agreement;
- Provides that after marriage, a premarital agreement may only be amended, revoked or abandoned by a written agreement signed by both parties;
Enforcing Premarital Agreement Act
The Act identifies the basis under which a premarital agreement is not enforceable. First, the party did not execute the agreement voluntarily. Second, the agreement was the product of fraud, duress, coercion, or overreaching. Last, the agreement was unconscionable when it was executed and before execution of the agreement the complaining party:
- was not provided a fair and reasonable disclosure of the property or financial obligations of the other party,
- did not voluntarily and expressly waive in writing any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- did not have or reasonably could not have had an adequate knowledge of the property or financial obligations of the other party
Nuptial Agreements and Prenuptial Agreements
There are two types of nuptial agreements, prenuptial agreements, and postnuptial agreements. Prenuptial agreements, also known as, premarital agreements or antenuptial agreements, are agreements entered into by the parties contemplating marriage prior to marriage that set forth the rights and obligations of each party in the event of death or divorce, and during the marriage. Postnuptial agreements, also known as postmarital agreements, are agreements entered into by the parties after marriage that set forth the rights and obligations of each party in the event of death or divorce, and during the marriage. Postnuptial agreements can be used when no divorce is contemplated or when divorce is not imminent. When divorce is imminent, postnuptial agreements are referred to as separation agreements. Regardless of the type of agreement that applies to your case, it is highly recommended that you consult with a Jacksonville premarital agreements attorney who is familiar with the enforcement of agreements.
If you plan to get married with a premarital agreement, then it is recommended that the execution of the agreement be conducted during an official signing ceremony during which the attorney can engage in dialogue with both parties to establish facts necessary for the enforcement of the agreement upon execution. This ceremony should be videotaped and a court reporter should be present. Premarital agreements can be useful in defining rights and obligations in advance of, during and after marriage.
Contact a Jacksonville Premarital Agreements Attorney Today for Your Free Consultation
If you are considering getting married with a premarital agreement, then you most definitely should contact an experienced family law attorney who routinely prepares and litigates issues involving premarital agreements. If you have questions about a premarital or postmarital agreement, call Sam Jubran at (904) 360-6100 to speak with a Jacksonville premarital agreements attorney or submit a confidential case evaluation form for a prompt response.