If you intend to have children together, you can indicate in advance, with a post-uptial agreement, how they should be raised. Are you or your spouse going to take a break from work to be a parent at home? If so, how long? The more parents leave the workforce, the more important it will be to discuss sped support in the event of a divorce. It should be noted that a post-marriage agreement is unenforceable if the agreement was the result of fraud, coercion, coercion or oversteer, as in the influential decision of the Florida Supreme Court of Casto v. Casto, 508 So.2d 330 (Fla. 1987). If a couple were to divorce, it means that the Florida courts will check whether the post-uptial agreement was unfair. Objectives of The Nuptial Agreements There are three main purposes of marriage contracts. The first objective is to provide for the protection of assets in the event of a divorce from the parties. In the real estate department, Florida follows the theory of fair distribution. In other words, the court will make an “appropriate” distribution of the property and property of the marriage on the basis of the circumstances of the parties. F.S. 61.075 provides for an equitable distribution of marital assets and liabilities.
The second objective of the marriage agreements is to provide for the distribution of the parties` assets in the event of the death of a party. Certain provisions should be included in a marriage pact to ensure that the property of each party is protected in the event of the death of that party. A misalprice of marriage by one or both parties will not necessarily invalidate a post-marriage or marriage arrangement. For example, adultery will not usually be enough to invalidate an agreement. Traditionally, behavior must be so rude that it goes beyond contemplating the parts to be related to its conditions. See Swad v. Swad. These agreements are created by the couple and include conditions concerning: – waiver of rights after death – if the intention is made, the preliminary contract should provide that each party waives the following rights after the death of the other party: (a) the right to vote against the will or any other will instrument of the other party (i.e.
voting rights); b) dower or curtesy rights; (c) Intestate`s rights as assets; (d) rights as a spouse of matrimonial law; (e) are exempt from intellectual property rights; (f) family allowances; (g) right at home (see above); (h) the right to qualify as a personal representative of the other party`s estate or in trust for a trust created by the other party and to serve as a personal representative. It is important that your post-uptial agreement is applicable, otherwise it is a worthless exercise. At first, the contract cannot be signed under duress and you cannot force your spouse to sign. If a party can prove that facts were misrepres shot or that you misled your spouse in another way, the court may amend or set aside the agreement. Both parties must meet with independent consultants and there must be full disclosure of assets. If your spouse signed the agreement without independent verification by the lawyer, the court may be rather skeptical. On the other hand, a post-marital agreement will be executed at some point after the parties have been married. A post-nuptial agreement aims to achieve the same objectives as a conjugal agreement. These objectives define the terms of divorce rather than a judge who dictates the distribution of your assets and the amount of the omission. To learn more about a Florida before bridal or post-nuptial contact a divorce law firm in Tampa to schedule a consultation.