Spouses as well as people who intend to get married may execute enforceable agreements between them called marriage contracts. The purposes of marriage contracts vary, but often concern property rights, estate planning, alimony and other matters. The most common...
Prenuptial Agreements
Better than flowers: The abandonment of prenuptial agreements by action in Florida
If your marriage is deteriorating and you anticipate divorce, you might not expect flowers for Valentine’s Day this year. But it might make you happier than flowers would have should you learn that because of the actions of you or your spouse during the marriage,...
Premarital agreement pitfalls: Don’t rush and vague Florida requirements, part 2
In part 1 of this post, we introduced prenuptial agreements – what they are, why people use them and why Florida law is very particular about its requirements for valid antenuptial agreements between prospective spouses. Do not rush into an antenuptial agreement There...
Prenuptial pitfalls: The dangers of rushing and vague Florida laws, part 1
Many Floridians use premarital agreements before marriage to put into place binding contracts with their spouses-to-be that predetermine the resolution of certain future marital issues. Usually, people use premarital (also called prenuptial or antenuptial) agreements...
THE FOREIGN FIANCÉ: IMMIGRATION IMPLICATIONS IN PRENUPTIAL AGREEMENTS
In the past couple of years, U.S. immigration policy has become more restrictive, causing anxiety among American citizens engaged to marry people from other countries. We just published a blog that explains the basics of prenuptial agreements, but when the...
Florida prenups and postnups
What’s the real difference and what does it mean?Either before or during marriage, spouses can enter into specialized marital contracts in which they agree to terms of their marital relationship, terms in case of divorce, or terms that will apply after one or both of...
The consternation of reformation
What it takes to reform marital agreements in FloridaCouples in Florida enter into marital agreements for a variety of reasons. So long as the parties satisfy the legal requirements for creating a valid marital agreement - a prenuptial agreement in anticipation of...
“Foreign fluency fouls.”
The benefits of translating marital agreements for nonnative English speakers in FloridaPeople may sign marital agreements for a variety of reasons and Florida law allows premarital, postmarital and marital settlement agreements so long as they meet legal...
Till death do us part: Waiving your elective share
A spouse’s “elective share” refers to his or her legal right under state law to choose to receive a specific, fixed share of the other spouse’s estate at death in lieu of receiving what was (or wasn’t) left to the surviving spouse under the deceased spouse’s will....
Enforcing prenuptial agreements from other states in Florida
With some exception, when a couple executed a valid prenuptial or premarital agreement in another state and one of them wants to enforce it in Florida, usually in a divorce proceeding or after one of them has died, the agreement will be enforceable. This is a...