Before filing for a divorce, many spouses choose to enter into an agreement concerning the distribution of their assets and debts in the event of a divorce. The type of agreement changes depending on when the agreement is entered into.
What is a Prenuptial Agreement and what makes it valid?
A prenuptial agreement is an agreement between prospective spouses made in contemplation of marriage. A prenuptial agreement becomes effective upon the marriage of the parties. In order to have a valid prenuptial agreement, the agreement must be:
(A)
in writing,
(B)
signed by both parties voluntarily, and
(C)
notarized.
What is a Postnuptial Agreement and what makes it valid
A postnuptial agreement is an agreement between two spouses whom are already married but wish to enter into an agreement regarding their property in the event of a subsequent divorce. Much like prenuptial agreements, a valid postnuptial agreement must be:
(A)
in writing,
(B)
signed by both parties voluntarily, and
(C)
notarized. Florida also adds the requirement that the agreement must be signed by two witnesses.
What would make a prenuptial or postnuptial agreement invalid?
A prenuptial or postnuptial agreement may be declared invalid and legally non-binding if:
(A)
one of the parties hid the existence of certain a assets or income and failed to disclose them on the agreement;
(B)
one party was forced to sign under duress or involuntarily;
(C)
one of the parties lied or committed fraud in the agreement; or
(D)
it was not in writing.
If you and your partner wish to enter into a premarital or postnuptial agreement in the event of a divorce, contact us so that you can be assured your future is secure.
