Miami Family Law Attorneys Serving Miami-Dade County FL

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General Family Law Information

Topic: Prenuptial Agreement

A premarital agreement, also commonly referred to as a prenuptial agreement, or "prenup", is an agreement lawfully entered into between prospective spouses made in contemplation of marriage and to be effective upon marriage.

While a premarital agreement often includes financial agreements regarding a potential end of the marriage, a prenuptial agreement may also address other areas of interest.

Premarital agreements may include issues such as:

  • The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
  • The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  • The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  • The establishment, modification, waiver, or elimination of spousal support;
  • The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  • The ownership rights in and disposition of the death benefit from a life insurance policy;
  • The choice of law governing the construction of the agreement; and
  • Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.

After the date of the marriage and prior to a final divorce, a premarital agreement may be amended, revoked, or abandoned in a written agreement only, and signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

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Miami Family Law Attorneys Serving:

Miami-Dade County Florida, including: Miami, Miami Beach, Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Coconut Grove, Coral Gables, Cutler Bay, Doral, El Portal, Florida City, Golden Beach, Goulds, Hialeah, Hialeah Gardens, Homestead, Indian Village, Islandia, Kendall, Key Biscayne, Leisure City, Liberty City, Medley, Miami Gardens, Miami Lakes, Miami Shores Village, Miami Springs, North Bay Village, North Miami, North Miami Beach, Opa-Locka, Palmetto Bay, Pinecrest, Pinewood, Princeton, Richmond Heights, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Westchester, Westwood Lake.

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