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What is a premarital agreement in Florida?

Initiating the topic of a prenuptial agreement may not seem like a good idea before a couple gets married. However, given that nearly 50 percent of all marriages end in divorce, couples who are planning on getting married may want to consider drafting a premarital or prenuptial agreement to protect their assets should the marriage end in divorce.

In Florida, a premarital agreement is a binding legal agreement that a prospective couple who are planning on getting married draft together. The agreement goes into effect as soon as the couple becomes legally married. It is important to note that any premarital agreement must be drafted in writing to be enforceable and will not be legally binding or recognized by the court if it is simply asserted verbally. The agreement must also signed by both parties.

Premarital agreements are generally drafted to cover the interests and property of either spouse on the termination of the marriage. They are typically used to protect assets that were accumulated prior to the marriage such that on dissolution of the marriage, the right of ownership is retained by the original owner. However, they can also be used to stipulate the rights that either party can have with regard to buying, selling or specific managerial rights with respect to specific assets that are acquired during the marriage.

It is important to note that premarital agreements can also designate the disposition of property or other assets not only on the dissolution of the marriage but also upon legal separation or the death of either or both spouses, as well as on the occurrence or nonoccurrence of specific events. Anyone interested in learning more about prenuptial agreements and legal requirements in Florida may want to contact a family law attorney for more information.

Source: 2014 Florida Statutes, "Chapter 61 - Dissolution of Marriage - Section 61.079", Accessed July 13, 2015

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