Orlando Prenuptial & Postnuptial Agreements Lawyer
Often times, individuals acquire valuable assets before and during a marriage and would like the peace of mind that in the event a divorce is necessary in the future, the assets one has acquired are protected. This can be especially important to a spouse who has created a business or grown a professional practice and would need to carry on that business or practice independently after a divorce. Also, persons who are entering their second marriage may be nervous about marrying again without protections in place to avoid a court fight or feel taken advantage of, or they may have children from the previous marriage whose inheritance they want to protect. These are just some of the many reasons why an individual would want a prenuptial or post nuptial agreement.
These agreements also can significantly reduce the cost of a future divorce as many times most issues can be pre-determined in a prenuptial or post nuptial agreement. Only issues involving child custody and child support cannot be included in these agreements. A few examples of reasons individuals would need a prenuptial or post nuptial agreement include:
- Predetermining amounts that a spouse would receive in alimony or property distribution in the event of a divorce
- Prevent confusion as to the character of assets that may be co-mingled during the marriage causing them to possibly be considered marital
- Prevent the appreciation on non-marital assets from being considered marital
- Protect a spouse who is giving up working or a career to be a homemaker so that if divorce is necessary in the future they are not left with little to no work history, improper skills to obtain gainful employment, and no assets or funds to live their life.
Requirements for a prenuptial agreement to be valid and enforceable in Florida
The Uniform Premarital Agreement Act governs what is required to make a legal prenuptial or post nuptial agreement in Florida, as well as how such agreements are challenged and enforced. According to this law, a prenuptial agreement is an agreement between prospective spouses made in contemplation of marriage that is effective upon marriage. This means that the prenuptial agreement is a valid and binding contract between the parties, and the marriage serves as the “consideration” (a right, obligation or thing of value exchanged) required to make a valid contract. If the parties are making a post nuptial agreement after they are already married, some other form of “consideration” will be required to make the contract valid. For instance, agreeing to give up the right to seek alimony in exchange for some stated amount could be considered sufficient consideration.
The prenuptial or post nuptial agreement must also be in writing and signed by both parties to be valid. If one party is seeking to enforce the agreement in court, the other party could potentially challenge the agreement on any of the following grounds:
- The party did not sign the agreement voluntarily
- The party was induced to sign under duress or coercion
- The agreement was obtained through fraud or overreaching
- The agreement was unconscionable when it was made, and the party was not given a fair and reasonable disclosure of the other party’s assets or debts, did not waive the right to receive such a disclosure, and did not otherwise have an adequate knowledge of the other party’s assets and debts.
Get help with prenuptial and post nuptial agreements in Orlando
By creating a prenuptial agreement, you and your partner will go into marriage knowing what you both are getting into regarding each other’s assets and debts, what you’re taking on and what you’re not, and whether you both are on the same page regarding property division and spousal support in the event of a divorce. Far from setting your marriage up for failure, going through this process can make your marriage stronger from the start.
A prenuptial or post nuptial agreement is a binding legal document that is enforceable in court. It should be drafted by an attorney, and both partners should have an opportunity to review the document with their own lawyer prior to signing. For help negotiating, drafting or reviewing a prenuptial or post nuptial agreement in Orlando, contact Anderson & Ferrin for a free consultation at 407-412-7041.
