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Prenuptial Agreements

 Prenuptial Agreement Lawyer Tampa Florida

I’m often asked to draft prenuptial agreements and many clients believe it is a simple contract that can be drafted quickly before the wedding.  While it may be drafted relatively quickly before the wedding, a postnuptial agreement must follow immediately after the wedding if the prenuptial agreement is performed close to the wedding.

A prenuptial agreement, also known as an antenuptial agreement, is more than a simple contract.  The party that wants the agreement drafted wants to be sure that all financial information is exchanged so the other party knows what he/she is giving up.  If this is not done and a divorce later follows, a judge could rule that the agreement is not enforceable because adequate disclosure wasn’t provided.  If a party wants a prenuptial agreement to be done right without the risk of a judge finding it to be unenforceable, it needs to be more extensive than a simple contract.  There are several rules that must be followed. 

Although there are many cases that govern prenuptial and postnuptial agreements, there are also Florida Statutes involved and Florida has adopted the Uniform Premarital Agreement Act, which contains more specific provisions.  Not only are prenuptial and postnuptial agreements important and binding in family law cases, but they’re interpreted by the laws of contracts as well. 

Prenuptial agreements cannot allow a party to waive temporary alimony or temporary attorney’s fees during the pendency of the case, nor can child custody or child support be decided in a prenuptial agreement due to public policy concerns.

The best part of a prenuptial agreement is that you can be creative.  The parties can develop a visitation schedule/timesharing schedule for the family pet.  They can establish a confidentiality agreement and have their file sealed.  They can agree to pay towards their children’s college tuition.  They can develop a graduated alimony schedule based on how long they’ve been married.  The court wouldn’t entertain any of these ideas.  A prenuptial agreement allows both parties to be creative—they just have to be well informed of the other party’s financial information. 

Premarital Agreement Attorney Tampa

There are many grounds that prenuptial agreements, postnuptial agreements, and even marital settlement agreements can be challenged: specifically, fraud, duress, coercion, deceit, misrepresentation, if the agreement is overreaching or and other factors.  If you are attempting to challenge any type of agreement or defend the agreement, you should contact an experienced Tampa Prenuptial Agreement Lawyer to assist you in this matter as it is quite complicated.