What is a prenup?
A prenuptial agreement, or better known as a“prenup”, is a legal contract prior to marriage. It details the distribution of debt, property and alimony in the event of a divorce. If a divorce should occur spouses will have their legal agreement in place, rather than having a judge determine the distribution of assets .
The Uniform Premarital Agreement Act
The Uniform Premarital Agreement Act (UPAA) is an act detailing prenuptial agreements in the U.S.; Florida and 26 other states have adopted it. The UPAA currently provides the laws governing Florida’s premarital agreements. This includes what can be provided and legally guaranteed in a prenup.
In Florida, a prenup can contain spousal rights to property, life insurance of the other spouse, and future spousal support. In addition, “Any other matter…” can be included in the agreement as long as it is not in violation of public policy or criminal laws. In regards to children, the contract should not include anything that would have an adversely affect or infringe on the rights of a child. Once signed by both parties, the prenup becomes binding upon marriage.
Can a prenup be voided?
The UPAA states that a prenup is a binding contract unless the opposing spouse can prove one of the following:
- The spouse did not sign the document voluntarily.
- The prenup was fraudulent.
- The prenup was not reasonable. In order to prove this, a party must show that he/she did not have a reasonable understanding of the other spouse’s assets because they were not fully disclosed prior to the signing of the prenup.
- If a marriage is not deemed void, a prenup is enforceable, but only so that the divorce does not result in an inequitable result.
It is important to familiarize yourself with the opportunities available to you and your spouse before a marriage. Hiring attorneys can benefit both spouses in the long run. If you have any further questions regarding prenups, please do not hesitate to reach out to your Tallahassee family law attorneys at Liebenhaut Law.