Prenuptial Agreements

Prenuptial Agreements

Prenuptial agreements are contracts made between prospective spouses in contemplation of marriage. They are also known as a premarital agreement, antenuptial agreement, or simply a “prenup”. No matter what you call it, they are the same thing.

Why a Prenuptial Agreement?
With high divorce rates, our clients use premarital agreements to control parts of what happens in the event of divorce. This is not to say that their future spouse cannot be trusted. However, anything is possible. People change over time so it is always best to protect ones interests when deciding whether to tie the knot. Establishing a set amount of alimony or spousal support in the event of divorce is oftentimes a focus of antenuptial agreements drafted by Martin Family Law.

Florida Uniform Prenuptial Agreement Act
The Florida legislature has enacted the Florida Uniform Premarital Agreement Act. This codifies the use of antenuptial agreements into Florida Statute. Florida Statute also governs what items may be agreed to in a premarital agreement. Parties to a prenup can agree to any matter, including personal rights and obligation, that is not a crime or in violation of public policy. Therefore, it is important to make sure any prenuptial agreements meet with the formalities of the Uniform Prenuptial Agreement Act to ensure their validity. Martin Family Law has experience drafting custom prenuptial agreements that comply with Florida’s Uniform Prenuptial Agreement Act.

Review of Prenuptial Agreements
If you have received a premarital agreement from your future spouse, it should be reviewed by an attorney. Martin Family law provides an efficient process to review draft prenups for its clients. Our experience handling complex dissolution of marriage matters provide a keen perspective on providing feedback to clients deciding whether to execute a prenuptial agreement. Understanding a premarital agreement prior to executing is important so all implications are understood. As part of our review process, we can negotiate changes to the document and provide revision services when changes are required.

Are Prenups Bad?
NO! Premarital agreements are not bad! However, it is very important you have a full understanding of all terms of the agreement. The potential ramifications of signing a antenuptial agreement can be costly and long lasting. Without a full understanding, someone who executes a prenuptial agreement has a lot they can loose if not careful!