Marital Agreement Attorneys in Melbourne, FL
FLORIDA CONTRACT APPLIES TO MARITAL AGREEMENTS:
There are several types of marital agreements. A prenuptial agreement reached by the parties before they marry. A marital settlement agreement reached by the parties while they are in the process of a divorce case. A postnuptial agreement reached by the parties after they marry but before they file a divorce case in court. In all of these agreements, the Florida law of contracts applies which means the Court will apply the plain language of the agreement to interpret it. A marital settlement agreement between the parties enables them to agree to terms that the Court cannot and a Court cannot re-write an agreement where its terms are clear and unambiguous.
Florida adopted a Statute, “The Uniform Premarital Agreement Act” that applies to any premarital or prenuptial agreement entered into after October 1, 2007 requires:
- The agreement must be in writing and signed by both parties.
- Gives the parties to address all of their rights in the agreement.
- Provides that any changes including revoking the agreement or amending it must be in writing.
- Identifies the basis where the agreement is not enforceable.
The Courts as a starting point seek to enforce a marital agreement, but there are limited
exceptions where the Court will refuse to enforce a marital agreement that requires proof that an agreement has been reached through coercion or duress or where there was some fraud either by one party omitting assets and liabilities or substantially misstating their values.
PRENUPTIAL AND POSTNUPTIAL AGREEMENTS:
Prenuptial Agreements are often entered into between parties that desire to maintain their assets in the event of a divorce and particularly where one party has accumulated wealth before the marriage and, oftentimes, where one of the parties have children from a prior marriage and desires to protect a legacy for them. Because the parties are fixing their financial relationship through out their marriage and upon the decision to end it, they are required to make a full and frank disclosure of their assets, income, and liabilities at the time they enter into the Prenuptial Agreement.
Postnuptial Agreement are entered into between parties after marriage but before they embark upon filing a case in Court seeking to dissolve their marriage. Because they are married the Courts require that the parties fully disclose their income, assets and liabilities because they are not dealing with each other “at arm’s length.”
GRAY DIVORCE OR SECOND MARRIAGES (Gray divorce-divorces for persons over 50 years and older):
Florida has a large population of married couples 50 and older. In these divorces some spouses place the other spouse’s name on their property they owned prior to the marriage, their bank accounts or add them as a beneficiary to insurance policies. In fact, getting divorced for couples over 50 and 65 may have substantial financial consequences and which can affect estate planning issues. The Figueroa Law Group, P.A. recommends that you consult an estate planning attorney if you intend to dissolve your marriage. The skilled and experienced attorneys at the Figueroa Law Group, P.A. often work with an estate planning and trust attorney when these issues arise.
The same issues apply to “gray divorcees” with respect to the requirement that there is a full disclosure of income, assets, and liabilities. In some cases, gray divorce can be more complicated than a traditional divorce, especially if you have been married for a long time. You may have more assets to divide, such as a retirement account, a family business, or property.
The attorneys at the Figueroa Law Group, P.A. have the skills and experience to competently handle your Marital Agreements