Oviedo Prenuptial Agreement Attorney
Once upon a time, only super-rich couples bothered with premarital agreements. The procedure was extremely convoluted and results were inconsistent, at best. The Uniform Premarital Agreement Act significantly changed the legal landscape. The UPAA streamlined procedures. And, since it is the law in all Florida counties and over twenty other states, enforcement results are much more consistent, even across state lines. So, today’s prenuptial agreements are much more than divorce insurance.
In fact, in many cases, the premarital contracts our Oviedo prenuptial agreement attorneys draft at the Troum Law Firm make your marriage stronger. Money is one of the leading sources of marital strife. And, a prenuptial agreement entirely removes money from the equation. So, if you bring any debts or assets into a marriage and you want that marriage to last, you should at least consider a premarital agreement.
Making a Prenup
Many people only associate prenuptial agreements with money. Indeed, many prenups include provisions like spousal support limitations and property management and distribution specifications.
The spousal support caps are usually tied to the length of the marriage. The longer the relationship lasts, the more alimony is possibly payable. Property provisions usually eliminate time-consuming and expensive commingling issues. Such events are common in long marriages. For example, Husband might use money from his paycheck (marital property) to improve a rent house he owned before the marriage (nonmarital property).
Prenuptial agreements can also control things like inheritance and succession matters. These issues are very important to couples with family businesses who have been married before. Generally, the intestacy and will laws generate much different results that the parties intended. To make their intentions clear, many people have an Oviedo prenuptial agreement attorney draw up executory documents, such as wills and trusts, contemporaneously with the prenup.
Breaking a Prenup
Very few contracts are completely ironclad, and prenuptial agreements are no exceptions. Nevertheless, since couples rely on them for financial planning and other things, these pacts are normally enforceable. A spouse can usually only break an unfavorable premarital agreement if:
- Unconscionable: There is a difference between uneven and unconscionable. A 70-30 split is uneven, but probably not unconscionable. Additionally, the pact must have been unconscionable when it was made. This item often comes up regarding stock certificates, which could be valuable one day and worthless the next day.
- Involuntary: Prenuptial agreements can be involuntary in one of two ways. Sometimes, one spouse withholds information, so the other spouse does not know what s/he is signing. The withheld information must have been marital and unavailable elsewhere. Other pacts are involuntary because one spouse pressured the other spouse to sign. This pressure must be close to physical force.
Couples can voluntarily amend prenuptial agreements at any time. So, if your marriage is ending and there are issues with unconscionability or involuntariness, it might be best to compromise and slightly adjust the provisions, rather than risk having a judge throw them out altogether.
Reach Out to a Diligent Oviedo Prenuptial Agreement Lawyer
Prenuptial agreements make marriages stronger. For a free consultation with an experienced family law attorney in Oviedo, contact The Troum Law Firm, P.A. Convenient payment plans are available.
