What is a premarital agreement and what are its benefits?
A premarital agreement, often called a "prenuptial agreement," is a legal contract that is made between two people prior to marriage. In Florida, premarital agreements are governed by Chapter 61 of the Florida Statutes. A premarital agreement is essentially a contract between two people that sets out the rights and responsibilities of each person in the event of a divorce or the death of either partner. A premarital agreement can include provisions regarding how assets and debts will be divided in the event of such an occurrence, as well as provisions regarding spousal support obligations. There are many benefits to entering into a premarital agreement. A premarital agreement can protect the assets each partner brings into the marriage. It can also provide peace of mind in the event of a divorce by determining in advance how assets and debts will be divided instead of leaving it up to a judge. Additionally, a premarital agreement can help to define the rights and responsibilities of each partner in a marriage, making it easier to resolve disputes without having to go to court. For a premarital agreement to be enforceable in the State of Florida, the agreement must be in writing, signed by both parties, and notarized. If the agreement is found to be unconscionable, it may not be enforced. Additionally, both parties must fully disclose all financial information and must have had the opportunity to seek legal advice prior to signing the agreement.
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