Legal issues related to foreign marriage contracts are complex and can have a significant impact on your future. If you need to know your rights as part of a marriage agreement, then consult a top family lawyer in Florida. If the contract has been established in Florida or abroad, contact us by phone at (407) 574-2573 or send us a private message via our secure contact form. Appointments are possible by phone or videoconference for your safety and comfort. We want a post-marriage arrangement. Basically, for the house. In case we divorce ill keep the house. (under my name, but acquired after marriage) We both agree. No children. Is that possible? Thank you very much. These are just seven reasons why you get a marriage deal in Florida.
Not all reasons apply to every situation and, in fact, there are many other reasons that are unique to each couple. Florida uses a fair distribution in divorce proceedings if there is no marital agreement. Simply put, this means that marital property is fairly distributed. Judges generally divide marital property in two unless there are unique circumstances. Marital property is usually an asset or any debt acquired during the marriage. A fair distribution is the standard that will likely be applied if the agreement is found to be unenforceable by the court. I would like to talk to you about repealing or amending my marriage pact so that a foreign marriage agreement is valid in Florida, where the legal requirements must be met. First, the Prenup must be valid in the jurisdiction, when and where it was signed.
Second, prenupation should not stand in the way of Florida`s public policies. Courts will use the “choice of law” doctrine to evaluate a foreign prenup with respect to Florida`s public policy. Under Florida`s divorce law, the agreement must be entered into in good faith and without fraud, deception, coercion and fraud. See Baker v. Baker. Since an anti-immigration agreement in Florida is treated as a treaty, there must be a valid consideration. As a lawyer, we can only represent one party, even in amicable circumstances. We strongly recommend that your intentional spouse hire his or her own lawyer to represent them in the performance of the marriage contract.