Winter Park Prenuptial Agreement Attorney
Prenuptial Agreement Lawyer Helping Clients in Winter Park
Are you planning to get married in the near future? Now is the perfect time to develop a prenuptial agreement—also known as a premarital agreement or simply a “prenup”—to clarify rights and responsibilities for you and your spouse during the marriage and in the event of divorce. The Florida Bar provides detailed information about nuptial agreements, of which a prenuptial agreement is one type. Prenuptial agreements occur prior to the date of marriage, and they must include numerous elements in order to be enforceable. While Florida does not have a premarital agreement statute and has not adopted the Uniform Premarital Agreement Act, there are statutes and case law that govern premarital agreements in Winter Park and throughout the state.
If you are considering a prenuptial agreement in Florida, you should discuss your options with a Winter Park prenuptial agreement attorney.
Do I Really Need a Prenuptial Agreement? Misconceptions About Premarital Agreements
Do you really need a prenuptial agreement? The short answer is that a prenuptial agreement can benefit many different types of couples from wide-ranging socioeconomic backgrounds. Many couples do not consider a prenuptial agreement because they assume that these contracts are only for wealthy individuals or wealthy couples who will end up dealing with complex asset division in a high net worth divorce. While prenups certainly can benefit wealthy individuals in Florida, they are also extremely beneficial for a variety of individuals regardless of economic circumstances.
Prenuptial agreements can govern financial issues such as whether one spouse will receive alimony or will be able to obtain a portion of certain property owned by the other spouse in the event of divorce, but they can also govern other issues such as:
- How spouses will share expenses during the marriage;
- Whether tax returns will be filed separately or jointly; and
- How marital assets and debts will be divided in the event of divorce.
Requirements for an Enforceable Prenuptial Agreement
In order for a prenuptial agreement to be enforceable, there are numerous requirements that include the following:
- Both parties must provide complete financial disclosure, which includes the nature and value of assets that each of the parties owns, as well as information about income and net worth;
- Agreement must be signed by both of the parties;
- Two witnesses must be present at the signing of the premarital agreement, and those witnesses must also provide a written signature; and
- Agreement must be executed in advance of the wedding—with sufficient time—such that there is not a suggestion that one of the spouses signed due to duress or undue influence.
In a prenuptial agreement, one of the parties is permitted to waive his or her right to alimony and to certain property. However, Florida law prohibits spouses from waiving rights regarding child support or child custody. Although it is not required for both parties to have their own attorneys when developing and signing a prenuptial agreement, it is usually a very good idea for both parties to have separate counsel in order to avoid the appearance of duress or undue influence.
Contact a Winter Park Prenuptial Agreement Lawyer
The family lawyers at The Troum Law Firm, P.A. have years of experience assisting clients with prenuptial agreements, from drafting these contracts to dealing with questions of enforceability in the event of a divorce. A prenuptial agreement lawyer in Winter Park can speak with you about your prenup. Contact The Troum Law Firm, P.A. today.