Although some might feel that creating a marital agreement is an admission that you are planning to get a divorce, the reality could not be farther from the truth. Creating a marital agreement does not mean that you are planning to get a divorce in the future.
Instead, it shows that you have the foresight to ensure that no matter what the future holds, your assets, financial obligations and interests, and other vital concerns are spelled out in writing. A Fort Lauderdale marital agreement lawyer can offer complete legal assistance to help you create a contract that aligns with your unique personal and financial situation. A distinguished family attorney helps you construct a detailed agreement from start to finish that accounts for all the assets at stake.
Understanding Marital Agreements in Fort Lauderdale
Individuals should retain an attorney to help them execute a marital agreement that outlines their financial rights and responsibilities in the event they decide to seek a divorce. A marital agreement can be made before the marriage occurs, but some couples choose to sign one after marriage.
Marital agreements signed before the marriage are commonly known as prenuptial agreements, while those executed after the marriage are called postnuptial agreements. It is a common misconception that one must have a significant net worth to write a prenup or postnup. While these agreements can be extremely helpful in protecting the interests and assets of high net worth individuals, they can do the same for any couple.
Marital agreements must be made in writing and both parties must enter these agreements of their own free will. An agreement signed under duress or one that does not contain each party’s full assets and debts could lead to the agreement being deemed legally unenforceable. It remains important to work with a marital contract attorney in Fort Lauderdale to ensure the agreement meets the legal requirements and protects a spouse’s interests.
These agreements usually take effect without a specific end date. However, either a prenuptial or postnuptial agreement may lay out a specific ending period. They can also be modified at a later point if both parties agree to the changes.
Key Provisions of Marital Agreements
A marital agreement can handle many of the provisions that a divorce decree would – and save considerable time and stress later if the marriage ever ends. It is essential to work with a Fort Lauderdale attorney who can confirm that all key provisions relevant to the marriage are included in the final marital agreement.
A marital agreement can establish whether one party will pay alimony to the other in the event of a divorce, how much it will be, and the length of time that the person is responsible for paying for it. Likewise, an agreement can outline how property division will work in a divorce, and what assets and debts each party will have to split or retain on their own.
Contact a Fort Lauderdale Marital Agreement Attorney Today
Executing a marital agreement that is all-inclusive and complies with the legal requirements under the law is a process that should be attempted only with knowledgeable legal representation. It is advisable to work with a Fort Lauderdale marital agreement lawyer who has experience in these types of cases and is familiar with the legal and personal details involved.
Whether your choice to establish a marital agreement is in cooperation with your partner or it is a contested issue, The Florida Probate & Family Law Firm can put our experience to work on your behalf. Call us now to set up a free consultation with a Fort Lauderdale marital agreement lawyer.