Drafting Marriage Contracts in Florida


By The Florida Bar Continuing Legal Education

cover image of Drafting Marriage Contracts in Florida

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Drafting a premarital or marital settlement agreement is a delicate process. The final document must not only reflect the intent of the parties but be clear enough to withstand future efforts to modify it and to avoid the assorted tax pitfalls and consequences. Drafting Marriage Contracts in Florida guides the practitioner through this potential minefield with chapters discussing general standards for drafting and review, drafting and defending a premarital agreement, what to include in, and how not to arrive at, a marital settlement agreement, tax consequences of alimony, support, and property settlement provisions, use of agreements in estate planning, and challenging, modifying, and enforcing agreements.

Detailed forms that can be used to produce a premarital agreement and a marital settlement agreement are provided.

The Tenth Edition updates all statutes, rules, forms, and case law through February 15, 2012.

Highlights of the new edition include:

  • 2011 amendment to F.S. 732.401 creating an additional homestead beneficiary election for surviving spouses
  • The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010
  • 2010 amendments to F.S. 610.8 creating additional types of alimony
  • Expanded coverage of Qualified Domestic Relations Orders (QDROs)
  • Amendment to F.S. 61.13 requiring inclusion in child support order of schedule of reduction or termination of child support
  • Drafting Marriage Contracts in Florida