Prenuptial agreements though do not cover personal issues such as child support and child custody, only the financial aspects of a marriage, again like property obtained during the marriage, retirement plans, life insurance policies, and very importantly which state’s laws should be used in the determination of the marital assets in the event of a divorce. In Florida, child support and child custody cannot under any circumstances be covered by a prenuptial agreement.
Such factors are determined at the time of separation based on the spouses’ current assets, finances and ability to care for the shared or adopted child. Florida law functions on the basis that child custody belongs to the child and not the parent, therefore the parent cannot “bargain away” their support in prenuptial agreement. In Aguilar v. Montero, Wife was entitled to temporary support for period from date that husband filed petition for dissolution of marriage until date of entry of final judgment, even though the prenuptial agreement included waiver of right to temporary support; prenuptial agreement could not waive husband’s continuing obligation of support while dissolution proceedings were pending.
Aguilar v. Montero, 992 So. 2d 872 (Fla. 3d DCA 2008), Such determinations are ultimately based on the “best interest of the child” the main basis for any legal case that involves a child. Any matter that has to do with a child must be determined at the time of separation or divorce, often with judicial approval.
The number one reason prenuptial agreements are deemed non enforceable is……
When a person buys prenuptial packages on-line and executes the prenuptial agreement with out legal counsel. DON’T MAKE THIS MISTAKE.
A prenuptial agreement won’t be enforceable where a spouse can prove:
- The document is not in compliance with Florida law
- The document was not properly executed
- The agreement was executed too close to the marriage date
- The parties did not execute the agreement voluntarily
- the agreement was procured by fraud, duress, or coercion
- one spouse failed to disclose all of his or her assets
- the agreement was unconscionable (“illegally unfair”) when the couple signed it, and the spouse challenging the agreement:
- wasn’t given a fair and reasonable disclosure of the other spouse’s financial circumstances
- didn’t waive in writing the right to receive a fair disclosure of the other spouse’s assets and debts, and
- didn’t have or couldn’t reasonably have had knowledge of the other spouse’s financial circumstances.
- One spouse did not understand the terms of the agreement
Why Hire the Horton Law Group, P.A?
1. You should know your rights under Florida law so you can decide whether signing a prenuptial agreement is best for you.
2. Statistics show 3 out of 5 couples file for divorce in the State of Florida. You work hard for your assets – protect them.
3. It would be a shame to spend $99.00 to purchase a prenuptial package on-line to find out years later that what you signed was not valid. You don’t want to part with 50% of your net worth and/or estate – so call the Horton Law Group, P.A. today to schedule your free consultation with a qualified member of the Horton Law Group team.
4. In addition to drafting your prenuptial agreement, the Horton Law Group, P.A. can also assist you with your estate planning and asset protection needs.
The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, is an experienced and aggressive litigator. She is highly regarded for her creativeness, strategic judgment, and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs.
Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each one of her clients, every step of the way. If the case cannot be settled out of court, Ms. Horton will be litigating your case at trial.
The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing firstname.lastname@example.org.
Ms. Horton will spend time with you to make sure you understand the law, understand your rights and she will draft your prenuptial agreement for you so that you and your estate are protected. In addition, she can assist you with your business planning, estate planning and asset protection needs too.