Florida Premarital Agreements

Premarital agreements in Florida  are also commonly referred to as prenuptial agreements or antenuptial agreements. Premarital agreements are simply written agreements entered into by an engaged couple that aim to reduce to a writing property rights and spousal support obligations of the couple in advance of their wedding date. (see Florida Statute §61.079) These agreements usually deal exclusively with issues that contemplate a possible future dissolution of the marriage (divorce).

Premarital Agreements are clearly a good idea for the future spouse that has significant premarital assets because the agreement has the potential for practically eliminating (with a few significant exceptions pursuant to the Uniform Premarital Agreement Act as codified under Florida law, contract and equitable law defenses, etc.) the amount the Florida Family Court can award in the form of an equitable distribution and alimony payments to which the other spouse could have been entitled to in a divorce proceeding.

Premarital Agreements can also be advantageous for the future spouse without significant premarital assets because it has the potential to clarify the support rights of that spouse should the marriage fail, leaving that party with a sense of security as his or her rights under the agreement are clear. For instance, should one of the cease career activities in order to stay home and raise children, the prenuptial agreement can address this and establish the guidelines for future support payments.

Premarital agreements can usually be drafted in a matter of days, but the couple’s review of the agreement’s provisions usually takes some time, so it’s a good idea to speak with a Miami Divorce Attorney who handles Florida Prenuptial Agreements as soon as possible after the engagement. If you have any questions about Florida Premarital Agreements, the Miami Family Law firm Law Offices of Jeffrey Alan Aenlle, PA can help.

Feel free to give us a call if you have any questions.