10 Feb Invalid Prenuptial Agreements: Clauses that are Invalid under Florida Law
Florida Prenuptial Agreements:
Prenuptial agreements seem to be becoming more predominant in the Miami, Florida area. As a family law firm that drafts prenuptial agreements, a lot of the calls that we receive are from couples in which one of the partners has accumulated a significant amount of premarital assets and the couples’ intention is not only to secure those assets, but also the income derived from those assets during the course of the marriage for the party that earned them. An important point to note in the drafting of these agreements is that while clauses such as the aforementioned may be accomplished easily, there are other clauses that are frequently inquired about, but quite simply cannot be included in the prenuptial agreement. If the Florida Family court were to find that one of these provisions are included in the document, they will not enforce the provision (Gelfo v. Gelfo, 198 So. 2d 353, 355 (Fla. 3d DCA 1967))
Invalid Prenuptial Clauses:
Under Florida law, the following clauses would be held invalid if found in a prenuptial agreement:
- Agreements That Promote Divorce: For example, if the couple were to design an agreement (similar to Zappo’s), in which one of the spouses were actually incentivized to divorce with something that they were not entitled to during the course of the marriage, the clause would be held to be invalid.
- Spousal Support During Marriage & Temporary Alimony: A spouse cannot waive their right to be taken care of and cannot waive temporary support payments (Pendente Lite) to cover the cost of living in the event of a divorce.
- Attorneys’ Fees: A spouse cannot waive their right to temporary attorneys’ fees, which are payments made by the other spouse that enable him or her to hire an attorney while an action for dissolution is pending.
- Child Support: The right of the couple’s children to child support may not be adversely affected by a prenuptial agreement
Free Prenuptial Agreement Consultations:
If you are getting married and have any questions regarding Invalid Prenuptial Agreement Clauses, give us a call at +1.786.309.8588.
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