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Maitland Divorce Attorney > Longwood Prenuptial Agreement Attorney

Longwood Prenuptial Agreement Attorney

Are you already engaged or planning to be soon? Now is the ideal time to create and discuss a prenuptial agreement, which is also called a premarital agreement or a prenup. A prenuptial agreement can clarify responsibilities and rights for both you and your future spouse that you sign now, but will only become effective when you legally marry. The prenuptial agreement will also outline what happens in the event of a divorce. Florida law requires that numerous elements be included to be enforceable.

Florida law doesn’t have a specific premarital agreement statute and hasn’t adopted the Uniform Premarital Agreement Act either. However, other statutes and case law apply to premarital agreements in Longwood and throughout the state.

If you are considering a Florida prenuptial agreement, you should speak with an experienced Longwood prenuptial agreement attorney first.

Misconceptions About Premarital Agreements in Florida

Many people want to know whether they really need a premarital agreement or not. The short answer is usually yes. Prenups can benefit many types of couples, not only those who have amassed significant wealth already. Don’t mistakenly assume that because you don’t own many assets, a prenup is not right for you. The truth is prenuptial agreements aren’t just for dealing with complex asset division in the event of a divorce. They can undoubtedly benefit wealthy couples, but they are also advantageous for many people regardless of their economic situation.

Your prenuptial agreement can discuss various financial issues, such as whether one spouse will be able to obtain a portion of a specific asset owned by the other spouse or whether one gets alimony. Still, these agreements can also address other topics such as:

  • Whether you will file tax returns separately or jointly;
  • Whether you will share expenses during the marriage, and if so, how; and
  • How your marital assets and debts will be divided if you get divorced.

Younger couples who are just starting out and who have debt can protect themselves with a prenup. For example, if one spouse has a significant amount of student debt coming into the marriage, your prenup can state that the student debt will remain separate.

Requirements for a Florida Prenup to Be Enforceable

It’s crucial that if you prepare a prenuptial agreement, you want it to be enforceable. Failure to adhere to all the legal requirements could result in the court not upholding a portion of your agreement or invalidating your entire prenuptial agreement. Requirements include:

  • Both parties must completely disclose their financial situation, including the nature and value of assets, plus income and net worth;
  • Both parties must sign the agreement;
  • There must be two witnesses present, who also need to provide a signature; and
  • The prenup must be drafted and executed before the wedding with plenty of time to avoid the allegation that one spouse signed under duress.

While you can waive your right to spousal support or specific community property, Florida law does not allow you to waive any rights affecting child custody or child support.

Contact a Longwood Prenuptial Agreement Lawyer

There is no legal requirement that each party has their own attorney, but it’s highly recommended. If you have questions on drafting a prenuptial agreement or you need to review whether the one you’ve been given is fair, contact the Troum Law Firm, P.A. today. We have over three decades of experience helping Florida clients with all their family law needs, including prenups.

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