On the other hand, a post-marital agreement will be executed at some point after the parties have been married. A post-nuptial agreement aims to achieve the same objectives as a conjugal agreement. These objectives define the terms of divorce rather than a judge who dictates the distribution of your assets and the amount of the omission. To learn more about a Florida before bridal or post-nuptial contact a divorce law firm in Tampa to schedule a consultation. If the marriage agreement contains will provisions, it must be executed in accordance with the requirements of a will and a final will (i.e., it must be signed in the presence of two witnesses who must also sign one from the other).10 In general, a marriage contract in Florida is not amendable. As a marriage contract in Florida cannot be changed, careful planning is required. A good marriage agreement will not only take into account assets at the time of marriage, but will also take into account the potential for future income and the accumulation of assets. Representation before concluding your free consent agreement of those who explicitly waive the rights to sign the party in some cases, there may be problems in an existing marriage due to a disagreement over finances or a spouse`s bad behavior. In these cases, a post-uptial agreement can be reached to help the couple better communicate their desires and needs, in the hope of strengthening the marriage.
In all cases, it is imperative that both spouses accept the terms of the contract. If one of the spouses is coerced, they can cancel the agreement in its entirety. The third District Court of Appeal held that the marital agreement was not clear in that case, that the wife had waived her electoral rights and that, therefore, the court had duly granted conditional sentences for the intent of the parties. While the court ultimately found that the wife waived her electoral rights after considering the wife`s testimony about the intent of the parties, the case shows that it is essential that the parties explicitly renounce, if they wish, their electoral rights in the marriage agreement.