Premarital (Prenuptial) Agreements
at the Law Office of Maggie Jo Hilliard, P.A.
In the State of Florida, Premarital Agreements are addressed in Fla. Stat. 61.079, a statute known as the "Uniform Premarital Agreement Act." Under that act, related terms are defined. Premarital agreements are defined as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Property, under the statute, is defined as, but not limited to, an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive.
Requirements for a valid premarital agreement:
a. The agreement must be in writing.
b. The writing must be signed by both parties.
The following items may be contracted in the agreement:
"1. The rights and obligations of each of the parties in any of the property of either or
both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend,
assign, create a security interest in, mortgage, encumber, dispose of, or otherwise
manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the
occurrence or non-occurrence of any other event;
4. The establishment, modification, waiver, or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the
agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance
policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of
either the public policy of this state or a law imposing a criminal penalty."
A premarital agreement cannot adversely affect the right of a child to support.
What if you decide, after marriage, that you no longer wish to honor the agreement?
An amendment, revocation or abandonment of the agreement may be made only in writing and must be signed by both parties.
Contact Maggie Jo Hilliard, Esq. to schedule an appointment to discuss your premarital agreement.
(904) 247-7600