Pre-Marital (Prenuptial) Agreements

A pre-marital agreement is an agreement between prospective spouses made in contemplation of marriage. Its purpose is to decide in advance what will happen to property or support in the event of divorce or death. According to Florida Statute section 61.079, parties may contract with respect to their properties and the division of same upon any dissolution of marriage, death, or the occurrence of a certain event. They may agree to terms of spousal support in the future and any other matter concerning their personal rights and obligations. Certain rights are not subject to waiver, however, including temporary support obligations (alimony paid during the pendency of a divorce) and child support. With respect to children’s issues, under the doctrine of parens patriae, provisions with respect to children’s issues are always subject to change, and any agreement as to custody and support is not conclusive, as the court will always make sure that the terms are in the best interests of the children involved. A premarital agreement becomes effective upon the marriage of the parties.