Tag Archive for: prenuptial agreement

Section 61.079, Florida Statutes

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Premarital agreements.—

(1)SHORT TITLE.—This section may be cited as the “Uniform Premarital Agreement Act” and this section applies only to proceedings under the Florida Family Law Rules of Procedure.

(2)DEFINITIONS.—As used in this section, the term:

(a)“Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

(b)“Property” includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive.

(3)FORMALITIES.—A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.

(4)CONTENT.—

(a)Parties to a premarital agreement may contract with respect to: Read more →

Section 61.052, Florida Statutes

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Dissolution of marriage.—

(1)No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

(a)The marriage is irretrievably broken.

(b)Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

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