A marital agreement (or pre-marital agreement) is an agreement reached by two people before they legally marry. These agreements are usually concluded because one of the spouses has a significant amount of capital that he wishes to keep in the event of a subsequent divorce. 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. 1 Matthew D. Bramlett – William D. Mosher, First Marriage Dissolution, Divorce, and Remarriage: United States, 323 Advance Data 5 (May 31, 2001), available at www. cdc.gov/nchs/data/ad/ ad323.pdf.
The National Center for Health Statistics released a report that found that 43 percent of first marriages in 15 years end in separation or divorce. The study is based on the National Family Growth Survey, a representative sample of women aged 15 to 44 in 1995. 2 Uniform Premarital Agreement Act adopted by the National Conference of Commissioners on the Laws of Unified States (1983). 3 Fla. Stat. J.-C. 61.052 (5) provides that the court may impose an intenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties. See also Casto v.
Casto, 508 So. 2d 330 (Fla. 1987), in which the Tribunal did not distinguish between marital and post-uptial agreements reached prior to filing a divorce application to determine the validity of such agreements. 4 See z.B. Doig v. Doig, 787 So. 2d 100 (Fla. 2d D.C.A. 2001); O`Connor v. O`Connor, 435 So.
2d 344 (Fla. 1st D.C.A. 1983). 5 id. 6 See z.B. Waton v. Waton, 887 So. 2d 419 (Fla. 4. D.C.A. 2004). 7 See Casto, 508 So.
2d 330. 8 Akileh against. Elchahal, 666 So. 2d 246 (Fla. 2d D.C.A. 1996). 9 See z.B. Abbott v. Kiser, 654 So. 2d 640 (Fla. 4.
D.C.A. 1995). 10 fla. Stat. Chs. 732.701 and 732.502. 11 Del Vecchio v. Del Vecchio, 143 So. 2d 17 (Fla. 1962). 12 Irwin vs. Irwin, 857 So.
2d 247 (Fla. 2d D.C.A. 2003). 13Th. Doig, 787 So. 2d 100 (Fla. 2d D.C.A. 2001). 14 White v.
White, 617 So. 2d 732 (Fla. 2d D.C.A. 1993). 15 Belcher against. Belcher, 271 So. 2d 7 (Fla. 1972). 16 Hartwell against.
Blasingame, 584 So. 2d 6 (Fla. 1991). 17 Treas. Reg. 18 Financial institutions that require a spouse to renounce if he is not cited as the principal beneficiary of his spouse`s IRA: Bernstein, Comerica Bank, Legg Mason and Salomon Smith Barney. In addition, JP Morgan Private Bank and Raymond James are requesting, but not that such a waiver be signed. 19 See z.B. Ervin v. Chason, 750 So. 2d 148 (Fla. 1st D.C.A.
2000); Feliciano against. Feliciano, 674 So. 2d 937 (Fla. 4. D.C.A. 1996). 20 See z.B Hjortaas v. McCabe, 656 So.
2d 168 (Fla. 2d D.C.A. 1995), in which the court resigned a conjugal agreement executed two days before the marriage.
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