Prenuptial Agreement Attorneys in Jacksonville Florida
Prenuptial agreements,or premarital agreements, also referred to as Pre-nups are premarital agreements that are generally valid and enforceable in Florida subject to the following rules and conditions. A premarital agreement is usually about property acquired before a marriage and the rules governing contract law apply. Courts carefully consider marital agreements for good faith and lack of undue influence. A spouse claiming the validity of an agreement must establish the fairness of the contract.
Florida has adopted the Uniform Premarital Agreement Act (UPAA). Parties may contract re, spousal support as well as matters relating to property; however premarital agreements may not determine child custody or support. The Statute of frauds applies to premarital agreements. Entering into the marriage is the consideration required to enter into the premarital agreement. To amend, revoke, or abandon the agreement after the marriage it must be done in writing and be signed, and can be enforceable without consideration. If a court finds the subsequent marriage void, a valid premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Premarital agreement provisions awarding attorneys fees and costs to the prevailing party in litigation regarding the validity and enforceability of a premarital agreement are enforceable. The purpose of the “prevailing party clause” is to indemnify the party who relief on the agreement and constitute a disincentive to one who may frivolously challenge it.
The premarital agreement must be entered into voluntarily, the court will determine voluntariness. The agreement must be fair and entered into after full disclosure or completion of discovery, a party challenging the agreement should not be permitted to claim lack of knowledge, because through due diligence during discovery, he or she could have unearthed all the relevant facts.
The above is a very high level overview of prenuptial agreements prepared to provide a general understanding of what a prenuptial agreement is and what it is for. If you are entering into a marriage where you feel a prenuptial agreement is appropriate or necessary, contact the family law – prenuptial agreement attorneys at McGRATH GIBSON in Jacksonville for a consultation. We can be reached at (904) 358-3300. We will help you understand all of your options and how to protect your rights when entering into a prenuptial agreement.
We look forward to assisting you with your prenuptial agreement!
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