Menu Contact
Cruz & Bano, P.A.
Call Us At
407-459-1293
Hablamos Español
Cruz & Bano, P.A.

How can a premarital agreement affect property division?

Florida couples who enter into a marriage in which one spouse has significant assets and the other spouse does not will often come to a premarital agreement to protect those assets in the event of a divorce. There can be confusion regarding property obtained during a marriage, non-marital property, items of sentimental value and more and how it is divided if the couple chooses to part ways. Knowing the rules of enforcement of a premarital agreement is imperative before it is signed and after the marriage has come undone.

A premarital agreement cannot be enforced unless the party that is seeking enforcement shows the following: that the party who executed the agreement did not do so voluntarily; that the agreement came about because of fraud, duress, coercion or overreaching; or the agreement was deemed unconscionable at the time it was executed and, prior to its execution, the party was deprived of certain rights.

Those rights are that the party did not get a fair and reasonable disclosure of the property or the other party's financial obligations; did not specifically waive, in writing, a right to disclosure of the property or the financial obligations that the other party had beyond what was disclosed; and did not or could not have had a sufficient understanding of the property or the financial obligations that the other party had.

There might be a provision in the premarital agreement that modifies or nullifies spousal support and that modifying or eliminating it causes one party to be eligible under a public assistance program. The other party might be required to provide support to eliminate that eligibility. If the agreement is deemed unconscionable, the court will come to a decision based on the law. If the marriage has been declared void, the agreement that alternatively would have been enforceable is only enforceable to avoid a result that is considered inequitable.

For couples who are parting ways, property issues can come to the forefront even if there was a premarital agreement. Having legal assistance from a lawyer who is experienced in property division can help either the party who took out the agreement or the party who signed it.

Source: leg.state.fl.us, "61.079 -- Premarital agreements. -- (7) (8)," accessed on June 13, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Legal Concerns We’ll Tell You How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Information

Phone: 407-459-8825
Fax: 888-975-6161

MAIN OFFICE LOCATION
390 N. Orange Ave.
Suite 2350
Orlando, FL 32801

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
4700 Millenia Blvd.
Suite 175
Orlando, FL 32839

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
12001 Research Pkwy.
Suite 236
Orlando, FL 32826

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
255 Primera Blvd.
Suite 160
Lake Mary, FL 32746

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
274 Wilshire Blvd.
Suite 209
Casselbery, FL 32707

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
7208 West Sand Lake Road
Suite 305
Orlando, FL 32819

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions