Day Law Your Hometown Attorneys

Toll Free: 888-326-9553

Phone: 352-200-2382

contact Menu

What do I need to know about prenuptial agreements?

A prenuptial agreement, or, as it is referred to in the Florida Legislature’s Statutes, a premarital agreement, is the contract that you and your spouse agree upon and file with the courts prior to the legal union of marriage. It outlines the rights to any property brought into the marriage as well as the division and rights to assets that each of you may acquire while married.

In addition to stating the level of control of assets during marriage, prenuptial agreements can outline what happens to property upon death as well as who will receive the rights to death benefits from insurance payouts. You can also include information about wills or trusts in the contract.

Prenuptial agreements can also help minimize questions of who receives what in the case of a separation or divorce. This may include asset division, alimony or spousal support parameters, and even list out actions that can result in the elimination of support altogether, such as adultery or abandonment.

You can include expectations of certain behaviors or rights within the marriage, as long as they do not violate legal or public policy.

You and your spouse can make agreement modifications and even dissolve the contract after the marriage has begun, assuming both of you are in agreement. However, the current version on file goes into effect as soon as you enter into the marriage.

While prenuptial agreements can include information pertaining to spousal rights, they cannot affect the legal rights to child support.

The courts can deem prenuptial agreements void in cases where the marriage is not legally recognized or if you or your spouse signs under duress. Other ways they can be voided include situations where one of you have been given fraudulent or misleading financial information or there was improper disclosure of pertinent facts relating to the other person’s obligations or assets.

Any information provided in this post is to serve solely for educational purposes and should not be mistaken as legal advice.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Let Us Hear From You We're Ready To Listen

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Day Law Your Hometown Attorneys

4108 Deltona Boulevard
Spring Hill, FL 34606

Toll Free: 888-326-9553
Phone: 352-200-2382
Fax: 352-684-4529
Spring Hill Law Office Map