What is a prenuptial or antenuptial agreement?
A prenuptial/antenuptial agreement is a contract entered into between two people who are about to get married that sets out the respective rights and obligations that will apply during the marriage, in the event of divorce and/or upon the death of either spouse. Prenuptial agreements are commonly prepared in anticipation of a second (or third, etc.) marriage where one or both parties have separate property that they do not want to be considered as marital property. Prenuptial agreements often spell out what the husband and wifes obligations will be should the marriage terminate due to death or divorce.
A prenuptial agreement, also known as an antenuptial agreement, is a contract entered into between two people contemplating marriage. The purpose of a prenuptial agreement is to determine what each person’s assets will be in the event of divorce or death. In order to be valid, a prenuptial agreement must be executed before the wedding. Both parties should have legal counsel and full financial disclosure of all assets of the parties is a must. The agreement is generally enforceable if it is executed properly and there is no fraud or duress involved in its execution. What happens if I don’t have a Prenuptial Agreement? If you don’t have a prenuptial agreement, the divorce laws of the State of Florida at the time of your divorce will apply to your situation, and the laws of inheritance will apply if you die. If you are comfortable allowing the state laws to determine the distribution of your assets at the time of divorce or death, then there is no need for a prenuptial agreement. What are
