Engaged and married couples commonly use marital agreements to set expectations for their relationship’s future. While agreeing to these contracts might be awkward for some, they can provide a firm basis for a couple to thrive-by when resolving conflict.
If you are ready to protect yourself regardless of what the future holds, it is time to speak with a dedicated family attorney. Drafting these documents carries strict requirements, which makes it critical that you have the support of legal counsel. Reach out to a Florida marital agreement lawyer before you attempt to navigate this process alone.
The Different Types of Marital Agreements
Florida law recognizes two commonly used contracts in these situations: prenuptial and postnuptial agreements. With the help of a Florida marital agreement attorney, an arrangement that meets the needs of both parties may be possible.
Prenuptial Agreements
A prenuptial agreement is a marital contract signed before two people marry. These agreements typically set expectations between future spouses, particularly regarding financial issues. The document is carried out before the wedding, while the terms go into effect once the couple is legally married.
People come to this arrangement for many reasons. Prenups are common when one spouse has substantially more assets than the other or in cases that involve a small family business. Addressing these issues before finalizing the marriage can provide peace of mind to everyone involved.
Postnuptial Agreements
What makes postnups unique is their timeline of execution. Instead of being signed prior to the wedding, the couples enter into these agreements while they are already married. This approach is typical as an antecedent to a divorce or when one person accumulates a large amount of debt and does not want to burden their spouse with it.
What Can a Marital Agreement Resolve?
These contracts can cover a wide range of legal issues. Many of these circumstances are present at the time of the wedding, while others can develop over time. Every relationship is different, which makes the flexibility of marital agreements favorable. Some of the issues couples may agree to include the following:
- Division of marital assets and debts;
- The right to purchase marital property;
- Alimony rights (spousal support);
- Life insurance policy ownership;
- The ability to alter a last will, if one exists.
A mutual agreement can address most, but not all, of the conflicts that may arise during divorce. In some instances, a Judge must approve a contract to resolve the conflict.
Child Custody
Marital agreements never include child custody questions and the court has an obligation to make those decisions based on what is best for the child. The same is true for disputes over child support. A hard-working marital agreement lawyer in Florida can help with all matters concerning a prenup or postnup and any challenges involving children.
Get in Touch with a Marital Agreement Attorney in Florida Today
No matter your reasons, a marital contract might be a viable option for you and your partner. In many cases, they can answer lingering questions and ensure that both parties are on the same page in the event you decide to split up.
Prenuptial and postnuptial agreements can address many elements of a marriage that may involve finances. A knowledgeable Florida marital agreement lawyer can answer any legal questions you may have concerning these contracts and even help draft them. Call today for a free initial case evaluation from The Florida Probate & Family Law Firm.