Altamonte Springs Prenuptial Agreements Attorney
Family Lawyer Assisting with Prenuptial Agreements in Altamonte Springs, Florida
Prenuptial agreements, known as premarital agreements under Florida law, are helpful and beneficial for anyone who is getting married regardless of their financial position or age. Although prenups, as they are often known, have a reputation of being advantageous for wealthy couples, it is important to understand that these documents can provide peace of mind for anybody who is planning to get married. Premarital agreements allow parties to reach an agreement about certain issues concerning their marriage, including issues related to property division and alimony in the event of divorce.
If you need assistance drafting a premarital agreement or have questions about enforcement of a premarital agreement in your divorce case, an experienced Altamonte Springs prenuptial agreements attorney at our firm can speak with you today about your case.
What is a Prenuptial Agreement in Altamonte Springs?
According to Florida law, a premarital agreement is defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” All of the following are issues that soon-to-be spouses can legally reach agreements about in their premarital:
- Each party’s rights to and/or obligations concerning property owned or later acquired by either of them;
- Right of each party to “buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- How property will be distribution in the event of a separation, divorce, death, or another specific occurrence;
- Waiver or elimination of spousal support (or alimony);
- Right of one spouse to a specific amount of support (or alimony);
- How the parties will draft wills;
- Choice of law concerning any disputes regarding the premarital agreement; and/or
- Other issues that do not violate Florida public policy.
To be clear, one issue that can never be included in a premarital agreement is the modification, elimination, or waiver of child support. To be clear, the statute states that “the right of a child to support may not be adversely affected by a premarital agreement.”
Enforcing a Premarital Agreement in Altamonte Springs
Premarital or prenuptial agreements are generally enforceable unless one of the following is true:
- One of the parties did not enter into the agreement voluntarily;
- One of the parties was coerced into the agreement, or agreed under duress;
- Premarital agreement was the product of fraud; and/or
- Premarital agreement was unconscionable when it was made because one of the parties did not receive a fair and reasonable disclosure of the other party’s property or financial obligations before signing the agreement (and could not have otherwise had such knowledge, and did not waive the right to such information).
Learn More from an Altamonte Springs Prenuptial Agreement Attorney
Premarital agreements are important for anybody, but it is critical to work with one of our experienced Altamonte Springs premarital agreement lawyers to ensure that the agreement is valid, that you have all of the background information you need to enter into the agreement, and that it will be enforceable in the event of a dispute or a divorce filing. Contact the Troum Law Firm, P.A. for more information.