The first step towards creating a marriage agreement in Florida is to set your goals. Florida suptial agreements are designed for many reasons – considering death to protect the interests of a family business in the unfortunate case of divorce, to govern behavior during marriage, or to ensure that children from previous marriages are properly cared for. Marriage contracts in Florida are governed by state law. Chapter 61 of Florida`s status governs divorce proceedings, including how marital agreements are applied after divorce. Under the Florida Pre-Marital Agreement Act, a prenup may be applicable even if the conditions are unfair. For example, in Ferguson v. Ferguson, the court upheld a marital agreement on the transfer of real estate before the market crashed. Under the agreement, the husband would have to retain sole ownership of the house in exchange for the wife`s payment of $185,000. In addition, the husband should compensate the wife for all property taxes, investments or other expenses related to wealth.
The preliminary contract was drawn up before the collapse of the real estate market in 2008 and did not expect a drastic depreciation of the property. The husband attempted to nullify this provision because the change in the values of the house greatly aggravated the agreement for him. However, the court upheld the marriage agreement and ordered both parties to fulfill their obligations. Maybe you or your family have some fears – if the unfortunate event of divorce occurs, your children will be protected by former partners? Will your family business be decimated? A Florida family law and divorce lawyer can help you create the best marital convention to meet your needs so that you can have peace on your impending marriage. Due to the great possibility of lengthy court battles, it is extremely important to design the prenup carefully, to comply with all current judicial requirements and to stick strictly to a thorough trial before one of the contracting parties signs the Prenup. Some of the biggest and most expensive court battles are more than $20 in pre-wedding agreements purchased from an office supply store. The more money at stake, the more money, money and time the lawyers will spend to break or defend the prenup. In the case of high-wealth divorces, this struggle is inevitable. But a well-designed and executed prenup can shorten the potential fight. Entering a marriage is a life-changing event, and each party hopes it will last forever. However, divorce is more common than couples want, making marital agreements a necessity. For example, the American Psychological Association reports that forty to fifty percent of marriages end in divorce.
In addition, the divorce rate is even higher for secondary or subsequent marriages. See the American Psychological Association. This provision can protect you from the accumulation of high legal fees in the future if the other party challenges and loses the marital agreement in court. It may also prevent the other party from taking legal action. This could be a problem in which a party had a high-income job at the time of signing the marriage contract and therefore did not ask for omission. Then, during the marriage, this party became unfit for work because of a disability. Although their financial situation has changed considerably because the right to insecurity was initially abolished, they cannot be subdeserved at the time of divorce.