Phone: (239) 287-1753

Personal Security in Marriage

 

The premarital agreement is a carefully thought-out contract between two people in anticipation of their marriage. Such agreements may also be referred to as antenuptial or prenuptial agreements, and informally as prenups. The couple planning to be married decides how important financial matters will be resolved in case of divorce, separation or death.

Common issues prospective spouses negotiate include the following:

• Division of real property and assets acquired during the marriage
• Property entitlement and control in the event of divorce or death
• Responsibility for liabilities incurred during the marriage
• Designation of each prospective spouse’s “separate property,” and whether or not that property will remain nonmarital or become marital depending upon how it is titled
• Determination of joint and separate living expenses and how they will be paid during the marriage
• Designation of how assets acquired and liabilities incurred during the marriage will be titled
• Determination of rights to each other’s retirement assets and waiver of beneficiary rights
• Spousal support, also known as alimony or spousal maintenance
• Life insurance rights
• Estate planning tools like wills and trusts
• Choice of which jurisdiction’s law will apply to the agreement

Florida Uniform Premarital Agreement Act

Florida adopted the Uniform Premarital Agreement Act (UPAA) effective October 1, 2007. The Act applies to prenuptial agreements entered into from that date forward. Some major provisions of the Florida UPAA (Fla. Stat. § 61.079) are as follows:

• The agreement must be in writing
• The agreement must be signed by both parties
• Any personal right or obligation may be dealt with as long as the arrangement does not conflict with criminal law or Florida public policy
• Child support may not be predetermined
• Revocation of or modifications to the agreement after marriage must be in writing
• Execution must be voluntary
• The agreement may not be influenced by fraud, duress, coercion or overreaching
• The agreement may not be unconscionable; before entering into the contract, both parties must either receive fair disclosure of the other’s assets, income and liabilities, or voluntarily and in writing waive the right to such disclosure
• If the parties agree to a level of spousal support that would impoverish one party, making him or her liable for public assistance, the court may award additional alimony necessary to avoid such public assistance

Please fill out the form below if you have any questions or comments.

 

Nikki A. Uri, LLC

P.O. Box 110145
Naples, FL 34108

Contact Information

 

Phone : (239) 287-1753

Office Hours :
Monday – Friday: 9AM – 4PM
(excluding holidays)

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.