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Prenuptial Agreement and Postnuptial Agreements in Orlando, Florida 

A Prenuptial Agreement is a contract that the parties enter into prior to the marriage wherein they define how their assets and debts will be handled, either as marital assets or nonmarital assets during the marriage. They also include how the assets and debts will be divided if they divorce. The parties usually include a waiver of alimony and attorney’s fees during a divorce. They discuss how their pensions will be kept during the marriage as either marital or nonmarital. Some parties also want to keep their paycheck nonmarital and include their income in the prenuptial agreement. 

The only consideration for the prenuptial contract is the marriage itself.  It is important to enter into the prenuptial agreement well in advance of the marriage. That will help you argue against and better protect you from claims of coercion, duress, or lack of financial disclosure. The further from the date of the marriage you negotiated the prenuptial agreement, the better. That way, both parties have plenty of time to investigate the finances of the other party. As a result, both parties have plenty of time to negotiate the prenuptial agreement. 

There should be an attestation clause by the parties’ attorneys who negotiated and prepared the document. You can also videotape the signing of the agreement with a colloquy of questions regarding full disclosure, full understanding, and lack of coercion and duress. You also include in the colloquy that the agreement was entered into voluntarily with full knowledge of assets, debts, and the law, after going over the law and agreement with an attorney. You can waive inheritance, homestead, and elective share in a prenuptial agreement. You can protect businesses and trusts in a prenuptial agreement. 

Prenuptial agreements are controlled by Florida Statute 61.079. The parties can waive financial disclosure. However, the best practice is to give the fiancé full financial disclosure. 

Postnuptial Agreements are agreements that spouses enter into after they are married. In the postnuptial agreement, the parties state how they will divide their assets if they should divorce. This happens when the parties are having difficulties in their marriage and are contemplating whether they will file for divorce. 

At that point, the parties may want to protect their assets and minimize their debt. They may want to protect themselves from further debt. They may want to keep their assets and debts nonmarital because they are concerned about a future divorce. You can include in the post-nuptial agreement and waive your homestead, rights of inheritance, and elective share. There is usually a clause in the postnuptial agreement that even if the parties reconcile, the postnuptial agreement still remains valid. 

For both the prenuptial agreement and postnuptial agreements, there is usually a clause included stating that the document may only be modified if done in writing with the same formality as the prenuptial agreement or postnuptial 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.