FLORIDA EMPLOYMENT LAW FIRM

A prenuptial agreement is nothing more, or less, than a contract between two people. It specifies the assets and liabilities that each party brings to the marriage, and determines what each party's property rights will be throughout the marriage and should that marriage end in divorce. Prenuptial agreements can also come into play after the death of a spouse, ensuring that their property rights and interests continue to be protected following their demise.

There are strict rules about what can, and cannot, be included in a premarital agreement, and disregarding those rules can result in the contract being struck down should it be challenged in court.  

For a prenuptial agreement to be a binding legal contract, it needs to be prepared by a lawyer who is experienced in matrimonial law, and well versed in the laws governing marriage contracts in your state. Ideally, you should each have independent counsel, to ensure that both of your interests are represented fully and fairly. All prenuptial agreements are closely scrutinized by the courts, and the presence of independent counsel for each party is a good indication that the contract is fair, and that both parties have entered into the agreement in good faith and with adequate legal representation. Having separate lawyers also helps to avoid any misunderstandings or misapprehensions that can arise during the drafting process, ensuring that both of you will be satisfied and comfortable with the final agreement.

Postnuptial agreements (also known as postmarital agreements) are agreements entered into by the parties after marriage that set forth the rights and obligations of each party in the event of death or divorce, and during the marriage. Postnuptial agreements can be used when no divorce is contemplated or when divorce is not imminent. When divorce is imminent, postnuptial agreements are referred to as separation agreements.

In Florida, when a mother is married and gives birth, the law assumes the child's father is the mother’s husband. But when the mother is unmarried at the time of the child’s birth, paternity must be established, either voluntarily or through a court order.If the mother and alleged father agree on who the child's father is, they can sign a “Voluntary Acknowledgment of Paternity” form. When the parents sign this document, they are acknowledging that the man signing the form is the child's legal father and swearing under oath that the information is true. The acknowledgement becomes final 60 days after it has been signed. After the 60 days elapses, neither parent can revoke it. If either parent wants to revoke it, he or she must prove in court that there was fraud or extreme force was used to get the parent to sign.

If there is no voluntary acknowledgement, either the mother or the man who believes he is the father may proceed to court to establish paternity. Under Florida law, any of the following persons or agencies can start the court process:

• the child’s mother
• the man who believes he is the father or who has been identified as the father (also known as the “alleged father”)
• the child through a legal representative, or
• the Florida Department of Child Support Services.

If a government agency establishes paternity, the agency can only make orders regarding child support. For other orders such as a parenting schedule, the mother or alleged father must go to the court.