Life can take unexpected turns that even the best-laid plans do not account for. When major changes to finances, income, or assets occur, it may be time to modify your prenuptial agreement. A Florida prenuptial agreement modification lawyer can review your existing agreement and help you make amendments to reflect the changes in your situation.
Experienced prenup attorneys can explain the terms of your agreement and make suggestions to modify it, and handle any negotiations, drafting, and filing of the modified agreement. If you are considering modifying a premarital agreement, contact us for a free case evaluation.
What Is a Prenuptial Agreement?
A prenuptial agreement, sometimes called a “prenup” or “premarital agreement,” is a contract between two future spouses, outlining each party’s assets, debts, income, and financial obligations. It assigns ownership of any property and creates a plan for property division in the event of a divorce.
A key benefit is it sets expectations and can help avoid future arguments. Most couples are much clearer about their priorities before a marriage begins than when a marriage ends. Additionally, a prenup can help with estate planning by outlining ownership of assets, which can help determine inheritance and property division in a divorce.
A prenuptial agreement must meet these state-specific requirements to be considered valid and enforceable:
- Be in writing, signed by the couple, and notarized. This means that verbal agreements are not enforceable.
- Be voluntarily entered into by both future spouses. Evidence of fraud, coercion, or duress could question the validity of the agreement.
- Include a full disclosure of both parties’ assets, debts, and income.
- Include terms that are fair to both parties.
Similarly, any modifications to an existing prenuptial agreement in Florida must meet these requirements.
How to Modify a Prenuptial Agreement
The first step in modifying a premarital agreement in Florida is to consider the reasons for the change and what terms should be amended. The reason for the modification can be crucial to determining what needs to be amended, removed, or added to reflect the couple’s current situation.
Once the appropriate change has been determined, both parties must agree to it. The modification must be made in writing, and each person’s financial situation should be fully disclosed prior to signing the prenuptial agreement modification. Finally, the updated agreement should be filed with the court.
A prenup modification attorney could provide essential guidance and advice during these decisions.
When to Consider a Modification
In certain situations, it may be wise to amend a prenuptial agreement. Major shifts in financial situations or life changes can make the terms of an existing prenuptial agreement unfair or outdated. Additionally, couples and individuals’ priorities may shift over time.
Some common situations that may call for a prenuptial agreement modification in Florida include career changes, receiving an inheritance, significant changes to income, and the birth of children.
How Can a Lawyer Help?
Engaging an experienced prenuptial agreement modification attorney can be important during both the drafting and amendment process. Each person will want to have their own legal representation to ensure that their interests are represented.
A family law attorney understands their client’s rights and how the law applies to their situation. This is crucial during negotiations and to make sure the amendment is valid and enforceable. Additionally, after drafting the modification, an attorney can file the updated agreement with the court.
Contact a Florida Prenuptial Agreement Modification Attorney Today
Our team at The Florida Probate & Family Law Firm can review your existing agreement and current situation, helping you determine what amendments may be appropriate. We can also review any proposed changes presented by your spouse and represent you during negotiations.
Whether you are considering a modification or your spouse has presented one to you, we can review your options and assist you with modifying or preventing modification to your Florida prenuptial agreement. Contact us today to schedule your free case evaluation.