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Category Archives: Prenuptial Agreements

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Coercion, Duress and Prenuptial Agreements

By Steven A. Mason, P.A. |

More and more nowadays, couples are signing prenuptial agreements, or prenups, before they marry. It is being seen more often as protecting one’s investments than as a cold, unromantic business deal. However, it is this familiarity that can sometimes lead to coercion or putting one party under duress, whether intentional or not – people… Read More »

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The Role Of Prenuptial Agreements In Distributing Marital Property

By Steven A. Mason, P.A. |

While prenuptial agreements or ‘prenups’ are becoming more common nowadays, their earliest adopters were the couples who boasted significant wealth between them. Wealthy couples tend to plan more than those who have fewer assets, simply because ensuring both spouses receive a fair share while retaining specific, sentimentally valuable items can be quite complex. However,… Read More »

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Why Can’t My Prenup Cover Child Support Or Custody?

By Steven A. Mason, P.A. |

Florida law permits the existence of prenuptial agreements, or prenups, so as to protect the assets and well-being of both people who enter into a marriage. However, there are certain family law issues that are not permitted to be addressed within a prenup. The most commonly seen is the issue of child custody, with… Read More »

Severability in Prenuptial Agreements

By Steven A. Mason, P.A. |

Prenuptial agreements (often referred to as prenups) are, at the root of matters, just like many other types of contracts concluded every day. Essentially, two parties are contracting to handle future transactions in a specific manner, in exchange for stipulated consideration. However, like any other contract, sometimes only parts of an agreement will be… Read More »

Reasons Why A Prenuptial Agreement May Fail

By Steven A. Mason, P.A. |

As one might imagine, prenuptial agreements are complex instruments that require careful crafting in order to be valid. It is not enough to simply mutually agree on provisions with your spouse; those provisions must be in compliance both with state law, and with public policy. Even if there is mutual agreement, it may not… Read More »

What Prenuptial Agreements Cannot Cover

By Steven A. Mason, P.A. |

Prenuptial agreements, or prenups, can cover most of the issues that any couple will face if they decide to split up. However, there are some legal niceties that are not, by law, permitted to be handled in a prenuptial agreement. If you place certain provisions in an agreement, you run the risk of having… Read More »

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