Marital Agreements

Question 1

What is required for a prenuptial agreement?

Answer 1

(1) writing and signed by both parties
(2) entry into the marriage is the only consideration necessary
(3) agreement is effective the day of marriage
(4) must be made voluntarily, in good faith, and no undue influence

Question 2

What can be included in a prenuptial agreement?

Answer 2

(1) alimony
(2) equitable distribution
(3) rights to control property
(4) disposition of property upon death

Question 3

What can a prenuptial agreement not do with regard to the child?

Answer 3

Can’t adversely affect the rights of the child (child support is the right of the child). And can’t delineate time-sharing

Question 4

How do you show a prenuptial agreement should not be enforcement/

Answer 4

(1) agreement wasn’t executed voluntarily;
(2) agreement was the product of fraud, duress, coercion, or overreaching; OR
(3) agreement was unconscionable (decided as a matter of law)

Question 5

Regarding fairness of the prenuptial agreement, what are the three considerations the court will look at?

Answer 5

(1) was party given fair and reasonable disclosure
(2) did the party have the ability to look at the assets
(3) was it impossible or not feasible for a party to know what assets their partner had

Question 6

When will Florida courts uphold a written cohabitation agreement?

Answer 6

When it provides for support between unmarried, cohabitating adults so long as the agreement isn’t based on illicit consideration (sexual services)