PRE-NUPTIAL AND POST NUPTIAL AGREEMENTS
Though the consideration of pre-nuptial and post-nuptial agreements can stir up quite a bit of controversy in a relationship, couples continue to explore these options with the intention of avoiding the uncertainty of a divorce proceeding down the line. Rather than leaving the division of assets (and other matters) up to the court, a couple may wish to explicitly define reasonable terms in the event of a divorce, which ultimately gives them more control over the consequences.
Divorcing couples face unique challenges, particularly with respect to the applicability of any pre-existing marital agreements. We encourage you to contact Ann-Marie Giustibelli, PA for guidance.
Basics Of A Marital Agreement
Pre-nuptial and post-nuptial agreements generally govern the division of marital and personal assets in the event of divorce.
For example, if a business owner is engaged to be married, he or she might want to enter into a pre-nuptial agreement that ensures that the business is not dissolved at a later date in order to divide assets (in the event of divorce).
Pre-nuptial agreements and post-nuptial agreements are governed by Florida law and Ann-Marie Giustibelli, PA can assist you with either agreement.. Pre-nuptial agreements are simply agreed to prior to marriage, while postnuptial agreements are agreed to after the marriage has already started.
In Florida, pre-nuptial and post-nuptial agreements are legal and available to interested couples. Public policy has shifted significantly over the years such that states recognize the value of these agreements. More specifically, states recognize that it is possible to give married couples the power to control their financial futures in a collaborative and thoughtful manner without having to undermine the success of the marital arrangement in the first place.
The Enforceability Of Marital Agreements In Florida
Not all marital agreements are enforceable. For example, Florida law typically prohibits contractual bargaining over child custody and child support, so any pre-nuptial or post-nuptial agreement that attempts to establish a predetermined child support amount or child custody scheme will likely be deemed unenforceable. Judges are meant to serve as the arbiter in such matters.
In Florida, Pre-Nuptial And Post-Nuptial Agreements Can Be Deemed Invalid And Unenforceable For A Variety Of Reasons, Including:
- Use of fraud, duress, or coercion to induce a party into entering the agreement
- Fundamentally unfair terms (i.e., the agreement completely extinguishes one spouse’s claim to alimony, despite the fact that the other spouse is a multimillionaire who could afford to pay reasonable alimony)
- The financial circumstances of each spouse was not reasonably disclosed
- The agreement was not entered into with informed consent
Given the many vague and uncertain factors that can influence the enforceability of pre-nuptial or post-nuptial agreements, we encourage you to contact our firm for comprehensive assistance.
Contact Our Office To Discuss Your Specific Situation