In the state of Florida, prenuptial agreements (commonly referred to as “prenups”) and divorce are two legal matters that people often have many questions about. They can be complex issues to navigate, but understanding them is crucial for anyone considering marriage or facing a potential separation.
A prenuptial agreement is a legally binding contract entered into by a couple before they get married. This document outlines how their assets and debts will be divided in the event of a divorce, separation, or death. While it may seem unromantic to some, having a prenup can provide both parties with financial security and peace of mind. It allows couples to protect their individual assets and clarify their financial rights before entering into marriage.
In Florida, for a prenuptial agreement to be considered valid, it must meet certain criteria. First and foremost, it must be in writing; oral agreements are not enforceable under Florida law. Both parties must also enter into the agreement voluntarily without any coercion or duress involved. The terms outlined in the contract should not promote divorce or separation and cannot include anything illegal.
Moreover, each party needs full disclosure of all assets at the time of signing the agreement unless waived explicitly by either party in writing. If one spouse fails to disclose all assets honestly or if there’s evidence that one party did not fully understand what they were agreeing upon when they signed the contract then there’s ground for invalidating the prenup during divorce proceedings.
On another note, when it comes to divorce laws in Florida itself – it operates on an “equitable distribution” system which means that marital property should be divided fairly between spouses during a divorce rather than strictly equally. However fair doesn’t always mean equal hence why courts consider various factors like each spouse’s economic circumstances, duration of marriage etc., while dividing assets.
It’s important to note that only marital property (assets acquired during marriage) is subject to division. In contrast, separate property (assets acquired before marriage or during the marriage as a gift or inheritance) typically remain with the original owner.
In Florida, either party can file for divorce by simply stating that the marriage is “irretrievably broken.” use this link no-fault approach eliminates need for either spouse to prove wrongdoing on part of other.
Understanding prenups and divorce laws in Florida can be complicated. Therefore, it’s advisable to seek legal advice from an experienced family law attorney who can guide you through these processes. They will ensure your rights are protected and help you make informed decisions about your financial future.
The Florida Probate & Family Law Firm
2600 Douglas Road, Coral Gables, FL 33134
305-384-1540