The Uniform Premarital Agreement Act and Florida
Prenuptial agreements are a common method used by couples getting married to secure certain assets in the case of divorce. A “pre-nup,” as it is often called, is signed before a marriage, and usually has provisions concerning the division of property and alimony payments. Up until recently, the legality of prenuptial agreements varied greatly from state to state, but over the past several years, most states have adopted some version of the Uniform Premarital Agreement Act (UPAA), which brings a level of standardization to the process.
If you are considering drafting a prenuptial agreement, or your spouse has violated the terms of your existing premarital agreement, the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A., may be able to help. Contact us today by calling 561-353-2800.
The UPAA
The UPAA was originally created in 1983 by the National Conference of Commissioners on Uniform State Laws, an organization dedicated to drafting and proposing acts for state-level legislatures. The intent is to create uniform laws across state boundaries. Florida finally passed the Uniform Premarital Agreement Act in 2007, leaving only four states that have not accepted the legislation.
According to the UPAA, a prenuptial agreement is legal only if the following criteria are met:
- The agreement is in writing
- The agreement is signed by both parties
- The agreement does not conflict with Florida state laws
- Child support cannot be determined in a prenuptial agreement
- Fraud, coercion, and duress cannot factor into the agreement
Only if all of these criteria are present can a prenuptial arrangement be considered legally binding.
Contact Us
If you are interested in drafting a prenuptial agreement in order to protect yourself from a damaging divorce, a West Palm Beach divorce lawyer from Eric N. Klein & Associates, P.A. may be able to help. Contact us today by calling 561-353-2800.
