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What is Important for a Prenuptial Agreement in the Orlando, Florida Area

If you are entering into a prenuptial agreement in the Orlando, Florida area, it is important that you and your fiancé have financial disclosure. If your fiancé knows all your assets and debts at the time you enter into the prenuptial agreement, then it will be harder for your fiancé to set aside the prenuptial agreement if you were to divorce in the future. 

Further, you should give your fiancé several months to review the agreement. It is better for you if your fiancé has an attorney to represent them in negotiating the prenuptial agreement and reviewing the prenuptial and the final draft. That way, it will be harder for your fiancé to say that you forced or coerced them to sign the agreement in the event that you should divorce in the future.

Contract law governs interpretation of Marital Agreements. As to the interpretation of marital agreements, the courts look to the plain language of the agreement because the actual contract language is the best evidence of the parties’ intent at the time of the execution of the contract. Where the terms of a marital agreement are clear and unambiguous, the parties’ intent must be gleaned only from the four corners of the document. A term is ambiguous if it is rationally susceptible to more than one construction. Courts should enforce a written agreement without rewriting its terms. 

The court will not allow testimony from the parties and others involved in the drafting of the agreement, as to what the agreement means, unless the court finds that the agreement is ambiguous. If the court determines the agreement is ambiguous, then the court may admit what is called parole evidence to determine what the ambiguous terms mean. What does ambiguous mean? Ambiguous is when the agreement is rationally susceptible to more than one meaning. It is not crystal clear. However, the courts are not allowed to rewrite the agreement. 

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.