Michael E. Golub, P.A.

Are you and your fiancé considering a prenuptial agreement?

Perhaps you think that prenuptial agreements are only for wealthy couples who plan to marry. However, prenups are becoming increasingly popular for couples at every economic level.

Florida law sets forth prenup requirements under the Uniform Premarital Agreement Act.

What it means

A prenuptial agreement, also called a premarital agreement, is one made between two people make before their wedding day. The document, signed by both parties, becomes effective upon their marriage and sets forth their wishes regarding the disposition of property and other matters in the event of divorce or death.

Content of the agreement

One of the main elements in the prenup concerns the division of property if the couple were to divorce or if one spouse passes away. Each prenuptial agreement is unique, but may address the right to buy, sell, use or otherwise control property; the rights of ownership in the proceeds of a life insurance policy; the establishment or waiver of post-divorce spousal support; or the preparation of a will or trust to carry out the provisions of the prenup.

Not always enforceable

Under the Florida Family Law Rules of Procedure, a prenuptial agreement is not enforceable under certain conditions:

  •         One party did not execute the agreement voluntarily.
  •         The agreement was created under fraud, coercion or duress.
  •         One party was not provided with fair and reasonable disclosure of the financial obligations or property owned by the other party.

A prenup is also unenforceable if modification or elimination of spousal support causes the party who is eligible for such support to rely instead on a program of public assistance. To avoid this, the court may require the other party to provide the necessary financial support.

Looking ahead

If you and your intended are considering a prenuptial agreement, you are making a sound decision for your future financial security. With legal guidance, you can create a document that clearly defines your rights and obligations and that sets a firm foundation for your life together and beyond.

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Michael E. Golub, P.A. 819 West Main Street, Suite B Tavares, FL 32778 Phone: 352-508-1637 Tavares Law Office Map