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Prenuptial Agreements

Knowing that the divorce process may get ugly, more and more people are looking to enter into pre-nuptial agreements prior to marriage. A prenuptial agreement is governed by §61.079 of the Florida Statutes. In order to enter into a valid and enforceable prenuptial agreement, the parties each must participate in full and frank financial disclosure. If either party fails to produce sufficient financial information, it may invalidate any agreement.

It is best for both parties to each be represented by counsel, however, it is not required. A prenuptial agreement may protect any and all of a party’s assets, or it may focus on protecting an inheritance, a business, or simply to waive alimony. The terms of a prenuptial agreement dealing with child support and issues related to a minor child may not be enforceable. A judge must always keep the best interest of a child in mind regardless of what the parties’ contract dictates.

Prenuptial agreements are highly technical and detailed documents that require a qualified attorney to review and draft. One simple mistake in the drafting of a prenuptial agreement may render the entire agreement invalid. It is important to consult with a qualified professional in order to ensure your rights are sufficiently protected.

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