Tampa Divorce Attorney on Premarital Agreements
PREMARITAL AGREEMENTS
A premarital agreement is a contract between prospective
spouses made in contemplation of marriage that becomes effective upon marriage.
In a premarital agreement, the prospective spouses may
contract with respect to the following:
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 nonoccurrence of any other event;
4. The
creation, modification, waiver, or elimination of spousal support, (alimony);
5. The
making of a will, trust, or other arrangement to carry out the terms of the
parties’ agreement;
6. The
ownership rights in and disposition of the death benefit from a life insurance
policy.
However, the right of a child to
receive support may not be adversely affected by a premarital agreement.
A premarital agreement is not enforceable in a divorce case
if the party against whom enforcement is sought proves that:
1. The
party did not execute the premarital agreement voluntarily;
2. The
premarital agreement was the product of fraud, duress, coercion, or
overreaching;
3. The
premarital agreement was unconscionable when it was executed and, before
execution of the agreement, that party:
a. Was
not provided a fair and reasonable disclosure of the property or financial
obligations of the other party;
b. Did
not voluntarily and expressly waive, in writing, any right to disclosure of the
property or financial obligations of the other party beyond the disclosure
provided;
c. Did
not have, or reasonably could not have had, an adequate knowledge of the
property or financial obligations of the other party.
To obtain additional information regarding Premarital
Agreements in Florida , contact experienced Family and Tampa Divorce Attorney Nilo J. Sanchez & Associates
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