Post Nuptial Agreements In Florida

If you have any questions about the well-being of a post-uptial marriage agreement, contact the McKinney Law Group, your Tampa Divorce Lawyer, for legal advice. Nuptial Agreements Florida has not accepted the Premarital Agreement Act.2 However, since then, Florida laws and jurisprudence provide that marriage contracts that meet certain requirements are enforced by a court.3 The requirements are: – Full Financial Disclosure – Persons considering a marriage are in a confidential relationship. Florida jurisprudence provides that this confidential relationship justifies the obligation of full and fair disclosure of the nature, extent and value of the assets held by each party, in order to enable the other party to make an informed decision as to what will be abandoned as a result of the conclusion of the conjugal agreement.4 Notwithstanding the above , F.S. 732.702 (2) the fact that, if disclosure is necessary under an agreement which, in the event of death, waives the rights that are exercised after the breakdown of marriage, such an agreement, such a contract or a waiver of pre-marriage performance are not necessary for publicity. However, it is strongly recommended that each party provide full and fair disclosure to the other party in order to prevent a Florida court from entering into a decision that the marriage agreement is not valid. Florida parties can obtain a post-uptial contract involving one or both of their parties, no matter when or where it was located or acquired. Such agreements may include agreement on how this property was purchased, sold, used, transferred, leased and much more. Similarly, the parties may agree on how assets are disposed of in the event of a life change or a particular event, such as. Divorce or death. All aspects of a divorce in Florida can be resolved by a marital agreement. For example, a court may invalidate the provisions of an agreement that attempts to change child care or custody.

A court will only enforce these provisions if they are more child-friendly than the law in Florida. See The League vs. Lassiter. In addition, the provisions of a marriage pact that attempt to limit or prevent assistance in the event of an imminent divorce are generally unenforceable. The marriage agreement should also provide that the non-participating spouse releases all pension benefits. To the extent that the participating spouse does not receive the necessary waiver statements from the non-member spouse and the non-member spouse does not release his or her pension benefits, the heirs of the participating spouse may have a means of bringing an action against the non-member spouse. Notwithstanding the above, federal law does not require a non-participating spouse to waive his or her rights in an IRA, but some financial institutions present such a requirement.18 Currently, JavaScript is deactivated. To post your comments, please make sure JavaScript and cookies are enabled and reload the page.

Click here for instructions to activate JavaScript in your browser. Marital agreements were the norm until a few years ago. But today, many couples opt for a post-uptial agreement to end the battle for money.