Couples may decide to enter settlement agreements either before or after they are married. These agreements seek to resolve in advance what will occur with regard to property disposition, liability allocation, alimony entitlement or waiver, among other issues, in the event of a divorce or separation. These are common for couples with very complex or substantial joint and separate assets and liabilities as well individuals with children who are remarrying.
Such agreements are typically worked out between couples who each have separate legal representation. The parties exchange certain necessary and detailed financial information in an organized process of disclosure. A properly prepared pre or postnuptial agreement is enforceable in Florida (both in family and probate courts).
These agreements may seek to specify matters such as who will receive specific property in the event of a dissolution, how finances will be handled during the marriage, the terms of spousal support after a marriage, business ownership issues, what will occur if either spouse dies, the handling of gifts, inheritances, trusts, and issues involving benefits, disability of either party, and insurance coverages.
At times, it may become necessary to challenge an agreement that was improperly drafted, breached, or which was obtained without proper financial disclosure or through fraud or duress. It is best to consult with counsel to determine whether it makes sense to challenge your agreement in court in the event of divorce or death.