Pre-Nuptial/Pre-Marital and Post-Nuptial/Post-Marital Agreements

• Pre-Nuptial/Pre-Marital Agreements – In Florida, Pre-Nuptial/Pre-Marital Agreements are seen as contracts. As such, they are legally binding documents entered into by two parties freely, voluntarily, knowingly, and with the absence of duress and are enforceable without any consideration (Florida Statute § 61.079). Essentially, Pre-Nuptial/Pre-Marital Agreements protect each parties personal interest (such as, alimony and support obligations, protection of assets, etc.) in the event of a future Divorce – Dissolution.
• Post-Nuptial/Post-Marital Agreements – Essentially, Post-Nuptial/Post-Marital Agreements perform the same functions as Pre-Nuptial/Pre-Marital Agreements; the only factor that differs is that they are made by and between the parties while being married. It is also important to note that Post-Nuptial/Post-Marital Agreements can and are often used to modify Pre-Nuptial/Pre-Marital Agreements.