It is important that your post-uptial agreement is applicable, otherwise it is a worthless exercise. At first, the contract cannot be signed under duress and you cannot force your spouse to sign. If a party can prove that facts were misrepres shot or that you misled your spouse in another way, the court may amend or set aside the agreement. Both parties must meet with independent consultants and there must be full disclosure of assets. If your spouse signed the agreement without independent verification by the lawyer, the court may be rather skeptical. Alimony Waiver – If the intention is made, the marriage agreement must expressly waive the party`s right to support14. The derogatory provision should include all types of support, such as. B rehabilitation, permanent rehabilitation, frequency, bridge-breach and the flat-rate agreement. Note that in Florida, temporary support obligation (during divorce proceedings) cannot be waived.15 Under Florida marital agreement law, a prenup may apply 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. There are many benefits that a couple can find from a Florida Prenuptial setting. For example, the agreement may allow the parties to determine the terms of a divorce and avoid costly litigation.
Although generally considered important for affluent couples, marriage contracts are now recommended for all. An effective agreement can save trial costs and stress in the event of a divorce. No matter how much or how little wealth a couple has, marital agreements can be very useful. In Florida, the law does not allow all topics and topics to be included in a post-uptial agreement. Therefore, if you are considering a post-marriage agreement, you need a Florida family lawyer who is familiar with the development and application of marital agreements. Here`s a look at some of the common elements of a valid post-uptial agreement. A post-nuptial agreement is very similar to a marital agreement in terms of requirements and content; The main difference is that a post-uptiale agreement is reached after the parties have legally married. Since the parties are legally married, the law imposes an additional condition before the court recognizes and imposes a post-employment agreement: full financial disclosure.
In other words, as part of the post-uptial agreement, both spouses must confirm that they have revealed the truth and accuracy of their complete financial situation.