Many people are hesitant to discuss prenuptial agreements. While it can be uncomfortable, these conversations may be important for financial planning and protecting a person’s interests if the marriage ends. Creating a prenuptial agreement in Florida can be valuable for many couples, no matter their debts or assets.
A family law attorney can help you understand your options and decide whether a prenup is appropriate for your situation. They can also represent you during negotiations and help craft a marital agreement that represents your interests. If you have questions, contact us now to schedule a free case evaluation.
What Is Required for a Florida Prenuptial Agreement?
A prenuptial agreement is a contract, and therefore, it must meet specific rules and requirements to be enforceable. If the agreement does not comply with Florida state-specific laws, it may be invalid or unenforceable. A prenuptial agreement that you create in Florida should be:
- In writing, signed, and notarized. Verbal agreements are not enforceable.
- Entered into voluntarily.
- Include a full disclosure of all assets, debts, and income.
- Include terms that are fair to both parties.
These agreements can address several issues. Commonly included are the couple’s rights to certain assets, how property will be divided after a divorce, and the right to receive alimony.
Creating a Prenup
There are several steps to creating a prenuptial agreement in Florida. Once a couple agrees to it, one of the first things they will want to do is secure legal representation. Each person should have their own attorney to represent their interests.
Next, the couple should gather all information about their assets and debts. Their lawyers will use this information to craft and negotiate a prenup. Open and honest conversations between the couple and their lawyers will be critical at this phase. This is the time when each party can make their wants and needs known and have their interests secured in the agreement.
After this, the prenuptial agreement will be created, negotiated, and then executed. In some cases, there may be back-and-forth between the parties and their legal counsel, while in other cases, one party may craft and present the prenuptial agreement. It is crucial to fully understand the contents of the agreement before signing.
Who Should Have a Prenup in Florida?
High-net-worth couples are not the only ones who could benefit from creating a prenuptial agreement in Florida. Any couple could benefit from a well-crafted document that identifies all assets. These agreements can help couples clarify and designate ownership of assets and debts, outline financial obligations, and divide property if they end up divorced.
In cases where one couple has a significant amount of debt, a premarital agreement may help to protect the other spouse from being held financially responsible. Similarly, it can clarify ownership of assets like business, real estate, investments, and inheritances. A comprehensive agreement can protect these assets from being divided or sold if the marriage ends in divorce.
Moreover, prenups can simplify divorce proceedings for any couple, no matter their net worth, because it sets expectations for property division and alimony.
Contact a Florida Attorney About Creating a Prenuptial Agreement Today
At The Florida Probate & Family Law Firm, we help fiancé(es) draft, negotiate, and evaluate prenuptial agreements in Florida. Our experienced family law attorneys can advise and guide you through the creation of this important document. We can also represent your interests during negotiations and when evaluating any proposed agreements.
If you need assistance creating a prenuptial agreement or wish to discuss your options, contact us today for a free case evaluation. While you may believe you will never resort to divorce in the future, it is always a good idea to have a plan in place.