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How to Write a Valid Prenuptial or Postnuptial Agreement



Prenuptial agreements are stereotypically seen on television and in movies as a document that protects the wealthy spouse and leaves the poorer spouse with nothing, but in reality, prenuptial and postnuptial agreements can be beneficial to both spouses in a marriage. However, there are specific requirements for making a valid prenuptial or postnuptial agreement that must be met, or else a judge may deem the document invalid if challenged in court. The skilled family law attorneys at The Soto Law Firm have the experience you need to draft a valid prenuptial or postnuptial agreement in Florida. To learn more, call or contact our office today.

Requirements for a Valid Agreement

In order to write a valid prenuptial agreement prior to the marriage or a postnuptial agreement during the course of the marriage, the following elements must be met as part of the drafting process:

The agreement is in writing: This type of agreement must be done in writing, as oral pre- and postnuptial agreements are not valid in Florida. The document must also be signed by both parties in order to be deemed valid by the court.

Full financial disclosure: The next requirement is that each spouse shall make a full financial disclosure prior to the signing of the agreement. Each spouse must reveal all their assets and liabilities to ensure that the terms of the agreement are fair.

The terms are conscionable: The third requirement of a prenuptial or postnuptial agreement is that the terms must be fair, or conscionable. This type of agreement cannot leave a spouse with nothing after a divorce or make unconscionable demands during the marriage like requiring a minimum number of intimate encounters or that a certain amount of housework be done by a spouse.

Time to review: Lastly, each spouse must have adequate time to review the terms of the prenuptial or postnuptial agreement in order to fully comprehend the implications of the document. This includes giving each spouse the time to have the agreement reviewed by independent legal counsel and receive advice on what the terms mean for them.

Talk to Our Office Now

If you have questions about creating a valid prenuptial or postnuptial agreement, the knowledgeable attorneys at The Soto Law Office are here to help. Call or contact us today to learn more and schedule a consultation.