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Prenuptial and Postnuptial Agreements

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What is a Prenuptial Agreement?

A prenuptial agreement is a contract outlining the terms of possession of assets written and agreed to before marriage.  Furthermore, a prenuptial agreement protects the financial interests of both parties in the event of a divorce.  In Florida, the spouse to be bound by the contract must have the opportunity to read the agreement and must decide on their own free will to sign it.

What is a Postnuptial Agreement?

A postnuptial agreement is a contract agreed to and signed after marriage that outlines the terms and possession of assets.  It is similar to a prenuptial agreement as it also protects the financial interests of both parties in the event of a divorce.

Disclosure of Assets

A major difference between a prenuptial agreement and postnuptial agreement is the disclosure of assets requirement.  This means that spouses entering into a prenuptial agreement do not have to disclose their assets to one another.  On the contrary, Florida state law requires the disclosure of assets in postnuptial agreements. 

Why Pre/Post-nuptial Agreements are Important

In Florida, a spouse seeking a divorce decree can obtain the decree without the other spouse’s consent; however, pre and postnuptial agreements can protect assets from distribution by the court.

In addition, postnuptial agreements are also important to spouses in their second marriage who have children from their first marriage.  Postnuptial agreements are enforceable contracts that can require a spouse to provide for children from past marriages.

Enforceability of the agreement if the spouses moves

Can a prenuptial agreement be recorded in one country be enforced in another one?

The most obvious response would be: Yes, a prenuptial agreement is nothing more than a contract. As such, it should be enforceable anywhere in the world to ensure an effective protection of the assets. Besides, The Hague Convention of March 14, 1978 on the Law Applicable to Matrimonial Property Regimes states that “The matrimonial property regime is governed by the internal law designated by the spouses before marriage”. 

Case law from around the world shows that even when the prenuptial agreement is validly executed in one country, it does not ensure enforceability in another one.

Our firm can assist you in drafting a valid pre or postnuptial agreement under Florida laws and advise you on the validity of your Florida marital agreement in most European States and English speaking countries.

Prenuptial & Postnuptial Agreements

What is a Prenuptial Agreement?

A prenuptial agreement is a contract outlining the terms of possession of assets written and agreed to before marriage.  Furthermore, a prenuptial agreement protects the financial interests of both parties in the event of a divorce.  In Florida, the spouse to be bound by the contract must have the opportunity to read the agreement and must decide on their own free will to sign it.

What is a Postnuptial Agreement?

A postnuptial agreement is a contract agreed to and signed after marriage that outlines the terms and possession of assets.  It is similar to a prenuptial agreement as it also protects the financial interests of both parties in the event of a divorce.

Disclosure of Assets

A major difference between a prenuptial agreement and postnuptial agreement is the disclosure of assets requirement.  According to Florida Statute § 732.702(2), spouses do not have to disclose their assets if the couple executes the agreement before marriage.  XLII Fla. Stat. Ann. § 732.702(2) (West 2017).  This means that spouses entering into a prenuptial agreement do not have to disclose their assets to one another.  On the contrary, Florida state law requires the disclosure of assets in postnuptial agreements.  Id.

International Marriages

International marriages provide for unique issues with respect to prenuptial and postnuptial agreements.  For example, if a couple marries in England and then move to the United States, although the U.S. will recognize the marriage decree, the U.S. may not recognize the prenuptial agreement.  In this case, the couple likely will have to contract for a postnuptial agreement in the United States.  Because Florida law requires disclosure of assets in a postnuptial agreement, it can create potential issues for couples moving into the United States who seek to keep their assets confidential.

Why Pre/Post-nuptial Agreements are Important:

In Florida, a spouse seeking a divorce decree can obtain the decree without the other spouse’s consent; however, pre and postnuptial agreements can protect assets from distribution by the court.

In addition, postnuptial agreements are also important to spouses in their second marriage who have children from their first marriage.  Postnuptial agreements are enforceable contracts that can require a spouse to provide for children from past marriages.

If you have any questions regarding prenuptial or postnuptial agreements, please contact us.  Our experienced attorneys look forward to assisting you.

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