PRE-NUPTIAL AND POST-NUPTIAL AGREEMENTS
Pre-Nuptial Agreements are governed by the Uniform Premarital Agreement Act under Florida Statute 61.079. A premarital agreement means an agreement in writing made in contemplation of marriage and effective upon marriage. If the marriage does not take place the agreement is void. A premarital agreement may lay out the terms available to the parties if the marriage fails and the parties divorce. It can address the issues with regard to alimony and equitable distribution. It may outline premarital assets that will be separate from the marital assets accumulated during the marriage. It may provide for which sources of income shall be considered marital and which sources are not. The Courts shall consider the premarital agreement valid unless one party is claiming fraud, duress or coercion. It is very important that when a premarital agreement is contemplated it is prepared and signed well in advance of the wedding date. It is also highly recommended that each party have their own attorney to represent their best interests and review the agreement on their behalf.
Post-Nuptial agreements are not covered under the Uniform Act and do not carry as much weight as the premarital agreements. However, I have found that a Post-Nuptial Agreement can sometimes save a marriage from divorce. When a couple is having marital issues a Post-Nuptial Agreement can often negotiate the issues for the couple and once reduced to writing the couple can move past the issue and enjoy the rest of their time together. Second marriages could be prone to outside interference from prior spouses or children from a prior marriage. A written agreement in the form of a Post-Nuptial Agreement could calm the concerns or fears and provide a sense of security and trust for the spouse that feels threatened. Florida Statute 732.702 covers the Waiver of Spousal Rights and should be considered when making a Post-Nuptial Agreement.