In Florida, a prenuptial agreement is a legal contract between two people that is entered into prior to marriage. It outlines how their assets and liabilities will be divided in the event of a divorce or separation.
To be valid and enforceable, a prenuptial agreement in Florida must meet certain requirements, including:
- The agreement must be in writing and signed by both parties.
- The agreement must be entered into voluntarily and not under duress, fraud, or undue influence.
- Both parties must fully and honestly disclose their assets and liabilities prior to entering the agreement.
- The agreement must not be unconscionable, or excessively one-sided in favor of one party.
- The agreement must not violate any public policy considerations, such as child support or custody obligations.
It is important to note that while a prenuptial agreement can be a useful tool for protecting assets in the event of a divorce or separation, it is not a guarantee of immunity from litigation. Disputes may still arise over the interpretation or enforcement of a prenuptial agreement, and each case is evaluated on its own unique set of circumstances.
If you are considering entering into a prenuptial agreement, it is highly advisable to consult with a qualified attorney who can provide personalized legal advice and help you navigate the complex legal landscape of Florida family law.
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