Many people have heard of marital agreements, but they are surprised to learn that there is also another type of similar legal document, a post-uptial agreement called. 1. The spouse is provided for or cancelled by the conjugal or post-marriage agreement; (2) The spouse is entered in the will; or (3) Will reveals the intention not to make arrangements for the spouse. My spouse has gone and now in another state for over a year now, I want to be a post-marriage arrangement for a valid post-nuptial agreement in Florida, both parties must fully disclose their assets to each other. If one party concealed assets or did not talk about money or other assets to the other person, it is much more likely that the court would set aside the agreement. It is also unlikely that both parties will not have the advice of counsel in the development of the document, if one of the nullable factors is available. Those considering a post-22ial agreement with their spouse should understand that these legal documents are not firmly. Even if a post-uptial agreement meets all threshold requirements to be valid and enforceable, the courts can still bring them down. If your spouse presents you with a post-uptial agreement – or if your spouse asks you to sign a marriage contract – it is important that you read the proposed agreement and understand the terms. If you sign a pre-agreement or extension agreement and the agreement is otherwise legal and enforceable, a court will apply the agreement even if it no longer benefits the parties in the way they hear.
Think of the couple Dan and Laura who are divorcing after several years of marriage. Before the wedding, Dan and Laura made a marriage pact. The agreement provided that in the event of a divorce, Laura would receive 300 $US per month. This amount was based on Dans`s income at the time of the agreement. But suppose Dan received a considerable increase during the marriage. The court will probably still honor the original agreement for $300 in subsecurance, even if there would have been more compassion for Laura without the agreement. In other words, the court will not protect a party from accepting a “bad deal.” From a public policy perspective, post-post-marriage agreements have long been viewed in a negative light because they favour divorce. 1 Matthew D. Bramlett – William D.
Mosher, First Marriage Dissolution, Divorce, and Remarriage: United States, 323 Advance Data 5 (May 31, 2001), available at www. cdc.gov/nchs/data/ad/ ad323.pdf. The National Center for Health Statistics released a report that found that 43 percent of first marriages in 15 years end in separation or divorce. The study is based on the National Family Growth Survey, a representative sample of women aged 15 to 44 in 1995. 2 Uniform Premarital Agreement Act adopted by the National Conference of Commissioners on the Laws of Unified States (1983). 3 Fla. Stat. J.-C. 61.052 (5) provides that the court may impose an intenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
See also Casto v. Casto, 508 So. 2d 330 (Fla. 1987), in which the Tribunal did not distinguish between marital and post-uptial agreements reached prior to filing a divorce application to determine the validity of such agreements.