Prenuptial Agreements Florida Law

15 12 2020

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. I would like to speak with you about the cancellation or modification of my marriage contract in Florida Status 61.079 (a) (a) explicitly contains three conditions under which a matrimonial contract is unenforceable: Under Florida marriage contract law, a prep can be enforceable 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. Under Florida law, each party should be represented in a prenupe by its lawyer. To develop a strong and legally binding marriage agreement or to deal with legal issues related to your prenup, call the office of Attorney Patrick Cordero at 305-445-4855. If a marriage contract contains provisions contrary to law or public order, it is automatically considered invalid. Apart from the criminal provisions, there are certain things that a marriage agreement in Florida cannot do. You may be wondering who will have access to all these sensitive and personal documents? Please note that sensitive and personal information will not be included in the marriage agreement or will not be attached to the marriage agreement. You are only indicated on the signature of a notary to your spouse, your legal advisor, tax advisor and/or investment advisor. Once you have verified all of the above documents, you will have definitively provided “fair and appropriate publicity of financial or financial commitments” and you will be more easily able to apply your marriage pact in the future.