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Understanding Prenuptial Agreements In Florida

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If you are considering entering into a premarital agreement, it is important that you and your soon-to-be spouse each have knowledgeable legal representation from a reputable Florida family law firm.  That way you will each understand the significance of the document you are signing and there will be no surprises going forward.

What is a Prenup?

 A prenup, or premarital agreement, is a document signed by both individuals and notarized prior to marriage that delineates interests in any earnings and property.  Essentially, it outlines the rights and commitments of each individual with relation to anything currently owned, and perhaps even items later acquired, in the event one party dies or the couple separates or divorces.  Included is material possessions, life insurance dispositions, and other assets and debts. Such agreements may also address issues such as spousal support, or the waiver or modification of such, but cannot have a negative impact on a child’s right to financial support.  The document becomes enforceable as soon as the marriage takes place, although it can be revoked or amended if both individuals agree to it in writing at any time later.

What Might Make a Prenup Unenforceable?

 Sometimes couples enter into these agreements, only to discover later on that they are completely unenforceable.  What might bring this problem to your doorstep?

  • One party signed the agreement under coercion or duress;
  • One party forged the other’s signature on the agreement;
  • One individual failed to provide an accurate property and/or debt disclosure prior to signing;
  • One of the parties could in no way reasonably been expected to know of impending fiscal obligations of the other;
  • If spousal support has been eliminated or modified in the agreement even though that individual would be entitled to it;
  • For some other reason the agreement is determined by the court to be unconscionable;
  • The agreement lacks fair and reasonable provisions.

Why Opt for a Premarital Agreement? 

For couples who wish to make decisions on their separate and marital property based on their own desires and outside of Florida’s Equitable Distribution law, a prenup may be very useful.  Instead of the court weighing a number of factors in the event of a death or divorce, it need only consider the document both individuals signed prior to marriage. The length of the marriage, contributions of each partner, and economic situations of each individual will not be a concern, which, in many cases, eliminates the need to bicker over property division issues.

Is a Prenup Right for You? 

Whether you are unsure about a prenup or are determined that you need one, discussing the issue with a trusted Boca Raton family attorney will help you to do what’s best for you.  If you agree that such a document is in your best interests, we will ensure it is done fairly and correctly.  At WiseLieberman, we are here to help you move forward.  Schedule a confidential consultation in our office today.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html

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