Creating a Valid Prenuptial Agreement
There are many reasons why a couple may consider drafting a prenuptial agreement prior to their wedding in Florida. One or both spouses may be entering the marriage with significant assets, or the couple may be blending families and want to define property interests. Whatever the reason, there are certain steps that each future spouse must take in order to create a valid prenuptial agreement in order to avoid a court ruling in the future that the document is void. At the law office of Blair H. Chan, III, our Tampa family attorneys have helped many couples draft premarital agreements that meet the needs of the couple. Call the office or contact our office today to schedule a free consultation of your legal needs.
The Uniform Prenuptial Agreement Act
In 2007, Florida adopted the Uniform Prenuptial Agreement Act, which determines the enforceability of prenuptial agreements drafted for couples prior to a wedding in the state. This uniform act has many rules that dictate whether a prenuptial is valid or invalid if challenged in court during a divorce. The Uniform Prenuptial Agreement Act focuses mainly on procedural issues of the contract as well as ensuring that the agreement is not unconscionable to one spouse in the marriage.
What Makes an Agreement Enforceable?
The first and most important rule under the Uniform Prenuptial Agreement Act is that any prenuptial agreement must be in writing and signed by both spouses in order to be enforceable. If the agreement is in oral form only or signed by only one spouse, the prenuptial document is not valid. In addition, the marriage must actually take place after the prenuptial agreement is signed in order to enforce the terms.
Beyond the basic rules, in order to have an enforceable prenuptial agreement neither spouse could sign the document because of fraud, duress, or coercion. This means that each spouse must fully disclose their assets prior to the signing of the agreement, and a spouse cannot be forced into signing the document prior to the wedding through threats or actual force. The prenuptial agreement must also be conscionable in its terms. This means that the agreement cannot unduly favor one spouse. If one spouse did not or could not have had knowledge of the other spouse’s financial circumstances or did not waive in writing the full disclosure of the other spouse’s assets the court can find the prenuptial agreement unconscionable and therefore void. If you have concerns about creating a valid prenuptial agreement prior to your Florida wedding, talk to an experienced family law attorney about your legal matter today.
Call or Contact Blair H. Chan
A prenuptial agreement can be a great source of comfort and security for spouses before entering a marriage. To speak with an attorney about drafting a document for you and your spouse, call the office or contact the law firm of Blair H. Chan, III in Tampa Bay today to schedule a free consultation.