Prenuptial Agreements (Antenuptial Agreements)

Florida

Prenuptial agreements, also known as antenuptial agreements, are contracts drafted for the purpose of defining the respective rights of future married couples should their marriage fail and end in dissolution.  Before 1970 prenuptial agreements were invalid in the state of Florida.  However, beginning in 1970 the laws of Florida began to change and provide for enforcement of these agreements.  The change in this area of the law was a reaction to the change in society towards marriage.  In 1970 the Florida Supreme Court recognized that "with divorce such a commonplace fact of life, it is fair to assume many prospective marriage partners… might want to consider, …discuss… and agree upon… the disposition of their property and alimony rights… in the event their marriage… fails.” Posner v. Posner, 233 So. 2nd 381, 384 (FL 1970).

Unfortunately, divorce is a common occurrence in our society.  Approximately 50% of all marriages end in divorce.  While these relationships began with strong commitments, when they end they can be complicated resulting in expensive legal battles that are emotionally and financially costly.  At times couples who are considering marriage do not want to discuss or enter into a prenuptial agreement because of concerns their significant other will find them to be disloyal and not trusting in their relationship.  However, what folks lose sight of is that marriage is in fact a contract.  When a marriage dissolves, parties will divide their finances and determine issues of support.  Even short term marriages can become quite litigious and expensive.  A prenuptial agreement which is properly drafted and entered into before marriage can define the rights of both parties and minimize the legal battle over financial matters should their marriage dissolve.

Most times prenuptial agreements are considered by those who have significant assets.  However, these agreements can be beneficial for many other folks. For example, individuals who have children from other relationships, who may be receiving an inheritance, who are new professionals hoping to accumulate future income and wealth, who are starting a new business, or who had an earlier failed marriage could also benefit from having a properly drafted prenuptial agreement.

It is suggested that both parties have an attorney. Prior to entering into a prenuptial agreement, both parties should be informed of their legal rights. An attorney should also thoroughly review and, if need be, revise language of an agreement drafted by another attorney. The intent is to provide a final agreement that protects the interests of the client. If an agreement is not properly drafted it can be later modified or rejected by the court. 

While a prenuptial agreement will never make a divorce action free from pain, a well prepared agreement certainly can help to minimize the stress and difficulty of going through a divorce.