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Drafting Marriage Contracts in Florida

A Florida guide to premarital and marital settlement agreements, this volume has standards, tips, and forms for writing and defending these agreements.
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12th Edition
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ISBN/ISSN: 9781522160199
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Release Number: 12E

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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 Twelfth Edition updates all statues, rules, forms, and case law.

Highlights of the new edition include:

  • Hot Topics:
    • The inclusion of passive appreciation as marital assets and liabilities under newly enacted F.S. 61.075(6)(a)1.c.
    • The Florida Supreme Court’s adoption of gender-neutral names and terms in Family Law Forms. In re: Amendments to Florida Supreme Court Approved Family Law Forms – Nomenclature, 235 So.3d 357 (Fla. 2018).
    • The Tax Cut and Jobs Act of 2017, Pub.L.No. 115-97, 131 Stat. 2054, and its tax implications in Family Law cases.
    • Newly revised discussion of the Collaborative Law Process Act, F.S. 61.55 et seq., as it relates to marital settlement agreements.
    • Newly revised discussion of the Florida Supreme Court’s decision in Hooker v. Hooker, 220 So.3d 397 (Fla. 2017) and its implications as to interspousal gifts.

Visit our Family Law  website for a complete list of The Bar's Family Law related titles.

Visit our Florida Bar Continuing Legal Education Publications website for a complete list of The Bar's titles.

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Featured authors

Table of contents

Chapter 1  Overview 

Elizabeth Tener

Chapter 2  Premarital Agreements

Mary Lou Miller Wagstaff

Chapter 3  Marital Settlement Agreements

Martin Deptula

Chapter 4  Tax Consequences of Dissolution, Separation, and Property Settlements

Jennifer E. Murphy and Matthew Lundy

Chapter 5  Estate Planning

Jeffrey A. Baskies

Chapter 6  Challenging, Modifying, and Enforcing Agreements

Mary Lou Cuellar-Stilo and Ashley Elizabeth Taylor