The divorce rate in the United States is currently around 50 percent for first marriages and almost 70 percent for second marriages. The State of California has the highest divorce rate in the United States and a National Vital Statistics Report showed that in October 2008 7,007 divorces were registered in California. This high divorce rate has resulted in a high demand for prenuptial agreements and this is formally required by law in Florida.
A divorce can be complicated when the married couple has accumulated assets and properties, or when each partner had assets or properties when entering the marriage. To protect the interest of each party, the Uniform Premarital Agreement Act in the state of California requires a written document in which both parties describe the arrangements that are made in case the marriage runs into a divorce. This document has to be signed by both parties. The court will not accept any verbal agreements.
The Content of the Florida Prenuptial AgreementMost marriages are ending with big disputes and none of the parties seems to be open for a normal discussion in the heat of the divorce battle. In situations like this it is necessary to have a clear prenuptial agreement which will settle the dispute between the couple. To make life easier it is vital to include as much details as possible into the prenuptial agreement documentation. The Supreme Court in Florida has extended the variety of rights that can be included into the prenuptial agreement. The most important addition was to include spousal support arrangements into the prenuptial agreement possibilities.
The things to be described in the prenuptial agreement can be found in the list below.
• Description about the deviation of mutual property
• Description about the deviation of mutual assets
• Description about death benefits deviation
• Description about spousal support
• Description about each party’s property which was brought into the marriage
• Description about each party’s assets that are brought into the marriage
• Any descriptions in a will
• Description of the liabilities incurred in the marriage
• Description of life insurance rights
• Which law jurisdiction applies to the agreement
When will the Florida Prenuptial Agreement be Effective?The prenuptial agreement will go into effect as soon as the couple is married. When the couple has signed the prenuptial agreement but does not get married then the prenuptial agreement is not valid. This means that there are no legal rights to claim about the content of the agreement if the couple breaks up.
The couple can also decide to revoke or amend the prenuptial agreement. To do this, the couple needs to do this in writing and both parties have to sign this document.
Enforcement of the Florida Prenuptial AgreementAccording to the Florida Family Law Rules of Procedure the agreement is not enforceable when one of the parties did not sign the document.
Legal CounselEach party in the prenuptial agreement should ask advice from a family law attorney. The legal requirements are complex and you cannot understand it completely without the advice of your attorney. The attorney has to have a full understanding of the Florida statutes and cases regarding prenuptial agreements. Take your time to discuss and agree the conditions in your prenuptial agreement and don’t treat this as a lack of confidence but as a guideline in case things end up in a bad situation.
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