Premarital agreements or prenuptial agreements are covered under the Florida Statutes §61.079(2011), the "Uniform Premarital Agreement Act." They are used by many in the Florida that are looking to protect themselves in the event of unforeseen circumstances. While we all hope that our relationships will last, it is a reality that a large portion of marriages will end in divorce. The agreements will need to be between both of the individuals and they should not be backed into a corner or threatened to agree to it. The court will want to see they were both in agreement or they can choose to disregard it. Agreements can also be made after a couple has walked down the aisle together and realized it is wise of them to set up a plan they both form together.
There are a number of areas that premarital agreements can be used to cover and they have aided many couples either in the divorce process or even to begin their marriage with open doors for communication. They can state what the obligations and rights of both individuals are in regards to property, along with the ability to exchange, control lease, expend, get rid of, manage, buy, sell, consume, assign, use or mortgage property. They can also influence decisions of spousal support and it may include if support will be given, modified or withheld. The ownership of life insurance policies can be included, as well as cover forming a will. Other topics can be touched as long as they are not in violation of public policy. No agreement can make decisions regarding the child of a couple. This will be decided at the time of the divorce and the court will greatly scrutinize what they believe is in their best interest. When you are forming an agreement, work with a skilled Tampa divorce lawyer from our office.