For many people, true peace of mind in marriage is only possible with the help of a marital agreement. These agreements can come in many different forms and could be entered into prior to marriage, during the union, or in anticipation of a divorce.
If you are considering a marital agreement, it is vital that you speak to an experienced family attorney as soon as possible. There are many things to consider in these contracts and a single drafting error could make them unenforceable. Schedule a consultation with a South Miami marital agreements lawyer if you need to get your wishes down in writing.
Common Types of Marital Agreements
Not all marital agreements are the same. Some of these agreements are intended to go into effect at the point a couple gets married, while other contracts might set the terms for separation. A South Miami attorney could assist with developing a basic framework for any marital agreement that you require.
A prenuptial agreement is arguably the most common type of marital agreement. “Prenups” are entered into by two people who are planning marriage and are used to set certain financial expectations, specifically in case the couple eventually divorces. A prenuptial agreement could identify a certain piece of property as personal so that it is not divided during a divorce or it could identify the amount of alimony a spouse is entitled to upon divorce. These agreements can remove uncertainty and ensure a couple is on the same page when the marriage begins.
Postnuptial agreements—or “postnups”—cover the same issues as a prenuptial agreement in that it can set out terms for property division or spousal support if the couple decides to divorce. These agreements are different in that they are executed after a couple is already married. A couple might agree to a postnup if their financial circumstances change or could even be used to set the terms of a pending divorce.
How a Marital Contract Attorney Could Help
There are numerous mistakes that could leave a marital agreement unenforceable, since these agreements are contracts and they must comply with state contract law. Given what is at stake, it is important to have legal counsel draft and review these agreements before they are signed. The good news is that there are multiple ways a South Miami attorney could assist with creating a marital agreement.
One of the most important things an attorney can do to confirm that a contract will be enforced is to make certain the terms comply with the law. For example, marital agreements cannot determine child custody matters. This is because the court will determine the custody of a child based only on what is in that child’s best interests.
It is also important for a lawyer to confirm that there are no disclosure issues. A marital agreement is only valid if both parties enter into it freely, and that means there must be a disclosure of the amount of assets and debt each spouse has. Without these disclosures, the court could strike an agreement down.
Talk to a South Miami Marital Agreements Attorney Today
Marital agreements can be in the best interest of many different couples, married and unmarried alike. However, it takes a valid agreement that complies with Florida state law to be enforceable.
Do not put your agreement at risk by attempting to draft it on your own. Schedule a free consultation with a South Miami marital agreements lawyer to learn more about your options.