This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
Florida Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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FAQ
Generally speaking, both fiance's should hire attorneys to negotiate and draft a prenup on their own behalf, because the agreement may not be enforceable without involvement of separate legal counsel. Most lawyers representing parties in prenuptial negotiations act as if it the entire transaction is purely business.
Issues that are typically dealt with in a prenuptial agreement include spousal support in the event of separation or divorce, including whether the couple will waive spousal support, arrangements regarding care and support of children that either party may have from a prior relationship and how those support payments
Each prenuptial agreement must be in writing and signed by both spouses to be enforceable. Since the agreement is a trade of marriage for the terms in the contract, the agreement takes effect when the couple marries.
Florida's Prenuptial Agreement RequirementsThe agreement must be in writing. To be enforceable, a prenuptial agreement must be in writing.Both parties must sign the agreement voluntarily.The agreement must be notarized.The agreement must be validated by a marriage.A prenuptial agreement cannot be an oral agreement.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself. 8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
In Florida, if you hide the existence of certain assets and income from your spouse and fail to disclose them on your prenuptial agreement, the prenup can be nullified by a Florida court simply because it contains false information regarding your assets.
Florida law allows couples contemplating marriage to decide how assets will be divided in the event of divorce or death. Prenups can provide for children of prior marriages and to specify whether and how much alimony will be paid.
A prenuptial agreement must be notarized by a certified notary public. The division of houses and property is normally included in prenuptial agreements, and Florida law requires that any contract involving real estate have two witnesses and a notary.
All prenuptial agreements in Florida must be in writing and notarized by a certified notary public. Both parties must sign voluntarily. Both parties must sign a prenup, and there can be no duress involved.
