In general, a marriage contract in Florida is not modifiable. Since a marriage contract cannot be changed in Florida, careful planning is required. A good marriage contract takes into account not only the property at the time of marriage, but also the potential for future income and asset accumulation. Marriage contracts in Florida are governed by state law. Chapter 61 of the Florida Statutes governs divorce proceedings, including how marriage contracts are enforced after divorce. A marriage contract can go a long way in alleviating disputes over the division of property during divorce. For example, a marriage contract can protect the property rights and obligations of both parties. For example, if a spouse owned a home before getting married, the marriage contract may contain a provision that all costs related to the property are the sole responsibility of the owner. On the same basis, a prenup can protect the property right of the original owner after divorce. However, the Prenup may allow the other party to access the property at certain times. For example, if a person owned a beach house before getting married, they can grant the other party the right to use it the summer after the divorce.
Technically, anyone can write a prenup, but Florida courts won`t recognize and enforce a marriage contract. It must meet certain criteria. The last thing you want after the difficult event of divorce is to discover that the Florida pre-nup, designed to protect your property and family, is unenforceable. The closer the marriage contract is to the date of marriage, the more likely a judge will be to say that it was signed under ”duress”. Conversely, the longer there is between the performance of the contract and the marriage, the more likely it is that it will be confirmed by the court. We recommend that you complete the marriage contract at least one month before the wedding and for at least two weeks. In the first place, a marriage contract cannot renounce family allowances, nor can it set an amount for family allowances. The amount of maintenance of children is determined by the courts only by means of established guidelines. While a Florida Prenup may waive the right with the help of a spouse, the courts cannot comply with the provision if it means that one or more of the following conditions apply: misconduct regarding marriage by one or both parties does not necessarily lead to the invalidity of a postal or marriage contract.
For example, adultery is usually not enough to nullify an agreement. Traditionally, the behavior must be rude enough that it is beyond the idea of the parties being bound by its conditions. See Swad v. Swad. Swad. Not every aspect of a Florida divorce can be resolved by a marriage contract. For example, a court may overturn provisions of an agreement that attempts to change child support or custody. A court will only enforce these provisions if they are more beneficial to the child than provided for in Florida law….