They are usually known as prenuptial agreements, but Florida law considers contracts on how to manage a marriage or a divorce to be a "premarital agreement." These documents can be very useful in the case of conflict or separation.
What does a premarital agreement help in the case of divorce?
These agreements may clarify who gets specific assets if they have to be divided later. They may also outline the forms of spousal support that a spouse may expect as alimony or other settlements. Child support arrangements, generally decided in a family court, are less likely to be upheld from a premarital agreement.
What may be included in a premarital agreement that doesn't have to do with divorce?
Although most people think this type of agreement only ends up mattering in the case of separation or divorce, that is not always the case. A premarital agreement may also include each spouse's legal responsibility regarding possessions brought into the marriage as well as possessions or properties they may acquire.
Why would a premarital agreement be voided in a court of law?
An agreement may be ineffective if either spouse did not fully disclose financial and real assets during its creation. If either spouse did not enter into the agreement willingly or with full knowledge of its implications, it may be contested later. If an agreement about spousal support leaves one person destitute enough to require public support, a court may revise or invalidate it.
How is a premarital agreement created?
An attorney can help a prospective spouse prepare a premarital agreement. Legal representation is usually a good idea in the case of conflict around marriage.