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The Difference and Similarities Between a Prenuptial  Agreement and a Postnuptial Agreement in the Orlando, Florida

There are many differences and similarities between a Prenuptial Agreement and a Postnuptial Agreement in the Orlando, Florida area. A Prenuptial Agreement is discussed in Florida Statute 61.079. A Premarital agreement means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself. 

Parties to a premarital agreement may contract with respect to:

(a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;the establishment, modification, waiver, or elimination of spousal support; the making of a will, trust, or other arrangement to carry out the provisions of the agreement; the ownership rights in and disposition of the death benefit from a life insurance policy; the choice of law governing the construction of the agreement; and any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.

A premarital agreement becomes effective upon marriage of the parties and is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:

1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
   (a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
   (b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
   (c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other.

A Postnuptial Agreement is an agreement signed after the marriage and usually prepared if the parties are contemplating divorce or are divorcing. The parties must provide each other with mandatory disclosure pursuant to Florida Family Law Rule 12.285. Each party produces a  financial affidavit and certificate in compliance with mandatory disclosure. The parties can waive the mandatory disclosure in the postnuptial agreement and file a financial affidavit. In very limited circumstances where there is an uncontested divorce, the parties can sign a stipulation waiving the financial affidavit. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.