Prenuptial Agreements

Florida Statute Section 61.079 governs premarital or prenuptial agreements, which are used to determine in advance, how property will be divided should the marriage end in divorce. It is critical that these prenuptial agreements be properly drafted, in order to be respected by Florida courts. In general, there are two reasons for drafting a premarital/prenuptial agreement:

1. Deciding in advance how marital property should be divided A premarital agreement or prenuptial agreement can help you bypass Florida law in regards to the distribution of marital property and debts, should the marriage end in divorce. It can also help to avoid any disputes and/or surprises in terms of the assets you wish to protect.
2. Protecting a child's property rights Often times there is a child involved prior to the marriage and a premarital agreement or prenuptial agreement can help protect the child’s property rights in the event you should pass away or the marriage ends in divorce. Provisions in a premarital agreement or prenuptial agreement in regards to children’s issues are always subject to change by the Court.