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There are two types of nuptial agreements recognized in Florida: prenuptial agreements and postnuptial agreements.
Prenuptial agreements are agreements entered into by the parties preparing for marriage PRIOR to marriage vows and sets forth the rights and obligations of each party in the event of death or divorce, and in certain circumstances, rights and obligations during the marriage.
Postnuptial agreements are similar to the prenuptial agreement in that it sets forth the rights and obligations of each party in the event of death or divorce, and in certain situations during the marriage, but the key difference with a postnuptial agreement is that it is executed AFTER the marriage has already taken place. Parties can execute postnuptial agreements at any point after the marriage and may control only certain terms or all potential issues of a dissolution or death.
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