William E. Ogle
Unit 2 Short Paper: Prenuptial Agreements
Family Law PA 250-01AU
Unit 2 short paper 2
This Act is intended to be relatively limited in scope. Section 1 defines a "premarital agreement" as "and agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” Section 2 requires that a premarital agreement be in writing and signed by both parties. Section 4 provides that a premarital agreement becomes effective upon the marriage of the parties. These sections establish significant parameters. That is, the Act does not deal with agreements between persons who live together but who do not contemplate marriage or who do not marry. Nor does the Act provide for postnuptial or separation agreements or with oral agreements. At this time Florida has not adopted the act. Florida Statute 741.0306f.s. Prenuptial agreements are generally enforceable in Florida. This is true even if one party gets nothing. The judge, in deciding whether to enforce the agreement, will look to the following factors: * It was signed freely
* There was no fraud
* It was no "overreaching" (which means it was not patently unreasonable). * The parties must have known about each other's assets, either before the agreement or by disclosure before the signing. Section 61.052(5) Baker (1993) 622 So2d 541. Unit 2 short paper 3
Duress and Coercion: Florida law says that to be valid, a prenuptial agreement must be voluntarily signed by both parties. In other words, a signature...