Put simply, a prenuptial agreement is a written contract between two people who intend to be married.
The general and most common purpose of the prenuptial agreement is to define the rights and duties of each prospective spouse in the event of a divorce.
Often, people enter into prenuptial agreements as a way to protect existing or future assets.
A prenuptial agreement is also sometimes called a marital agreement, a premarital agreement, or an ante-nuptial agreement.
There are several different types of alimony in Florida.
There is bridge-the-gap alimony for help with short term financial needs; rehabilitative alimony designed to help a spouse gain the education or training needed to obtain employment; durational alimony which is the newest form of spousal support in Florida; and permanent alimony which is used in cases where the needy spouse lacks the ability to become self-supporting.
Florida courts have the authority to award one or more types of alimony in any case where one spouse has a need for spousal support and the other spouse has the ability to pay it.
A prenuptial agreement can be used to address the issue of alimony if you and your prospective spouse include an alimony clause in the document.
For example, the prenuptial agreement can state how much alimony a particular spouse will be entitled to in the event of a divorce. Or, in the alternative, the parties can agree that there will be no alimony for either spouse under any circumstances.
However, a prenuptial agreement cannot be used to address child support or child custody.
The court has to make support and custody decisions that are in the best interests of the children or child. The parents cannot go around the court through a prenuptial agreement.
At the end of the day, a prenuptial agreement is just a contract. And, like any contract, a prenuptial agreement is completely valid and enforceable as long as certain conditions are satisfied.
For example, a prenuptial agreement has to be in writing and signed freely and voluntarily by both prospective spouses after full disclosure of their finances.
And the prenuptial agreement must be fair.
If all of these conditions are met, Florida courts will almost always enforce a prenuptial agreement – even one that seems to benefit one spouse more than the other.
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