Davie Pre-Marital Agreements
Before finally entering into a marriage, you might be considering signing a premarital agreement with your spouse. This is understandable; after all, life is full of uncertainties.
Signing prenuptial agreements is a course of action that is commonly taken by people who want to clarify their and their spouse’s obligations. This is to prevent any conflict from making negotiations if ever the marriage fails in the future.
In Dalton Law Firm, P.A., we can help you draft the premarital agreement that will best address the circumstances surrounding your soon-to-be marriage. Our team of expert attorneys will take into consideration all your needs and preferences and present the most appropriate way to construct your prenuptial agreement.
By working with us, you can rest assured that your properties are secured. It is our goal to give you a sense of security that will eliminate the constant worry from your mind. Our Davie pre-marital agreement attorneys want to let you focus on other important matters, especially on making your relationship work.
To know all your possible options, reach out to us today.
Contact Dalton Law Firm, P.A. at (954) 371-2993 for a Free Consultation.
Inclusions in Premarital Agreements
A prenuptial agreement is a supplemental contractual agreement that is created for when the marriage ends in divorce. It is a marital agreement entered into before the marriage.
Generally, premarital agreements include the following:
1. Current and future marital properties
2. Current and future individual properties
3. Terms of spousal support if ever the marriage fails
4. Property forfeitures caused by adultery
5. Plans for guardianships
6. Arrangements for when a spouse passes away
Other matters that will be included in the prenuptial agreement will depend on the financial and familial circumstances involved in the marriage. Additionally, considering how digitally centered the modern world is, premarital agreements can also include confidentiality clauses and restrictions on what a spouse can discuss or post about the divorce in social media.
However, premarital agreements cannot predetermine child support. This issue must only be addressed at the time of the divorce.
Importance of Properly Drafted Premarital Agreements
Having a prenuptial agreement does not necessarily mean that it will always hold up in court and will be legally enforceable. Typically, courts are suspicious of premarital agreements. This is why you should hire a skilled Davie premarital agreement attorney to draft the document for you.
For the prenuptial agreement to be legally valid, it must:
1. Be in a written document
2. Include voluntary consent
3. Include full disclosure of all assets and liabilities
4. Be personally executed by both parties before a notary public
5. Not rise to unconscionable unfairness
With the help of a professional premarital agreement attorney, you can draft an agreement that will not just state the wishes of you and your spouse but will also ensure its validity before the court in the event of a divorce. Similarly, any modifications you want to make on the prenuptial agreement should be done with the help of a skilled premarital agreement attorney.
Reasons to Sign Premarital Agreements
The following are the reasons why you should consider signing a premarital agreement:
1. You have more wealth than your partner.
2. Your partner has more wealth than you.
3. There is a significant difference between your spouse’s income and yours.
4. You were married before or have children from previous relationships.
5. Your partner has a substantial amount of debt.
6. You have your own business or have interests in a business.
7. Your estate plan has provisions that do not include your partner.
8. You intend to stop working to take care of the children and the household.
A lot of people will think that signing a premarital agreement is an unromantic and negative gesture, expecting the marriage to fail and end in divorce. However, there is nothing wrong with securing your future and financial well-being.
With the help of premarital agreements, you and your spouse can handle your affairs better if ever divorce will happen. You will be assured that your wealth and other business interests are well-protected, allowing you to focus on other things—like making your marriage work.
A prenuptial agreement will help avoid future conflicts in a divorce process. It can also prevent animosity between you and your spouse and give way for cooperative parenting.
It is never a bad idea to discuss drafting a premarital agreement with an attorney. Just make sure to work with a skilled professional who can give you the right insights on how to achieve an agreement most beneficial to your circumstances.
To ensure legal advantage, contact one of our premarital agreement attorneys here in Davie, FL. Call Dalton Law Firm, P.A. at (954) 371-2993 for a Consultation now.
Ways to Challenge Premarital Agreements
Premarital agreements can be challenged if you believe that the agreement is unfair or if you did not voluntarily or knowingly enter into the agreement. Challenging the premarital agreement can be done in two ways:
Direct challenge. To directly challenge a prenuptial agreement, you must prove that the agreement was achieved through misrepresentation, fraud, or duress.
Indirect challenge. To indirectly challenge a premarital agreement, you must show that the agreement is unfair or unreasonable. Once this is established, your spouse must then give his/her rebuttal to the presumption that he/she has concealed information about their finances or other important matters.
Both ways of challenging a prenuptial agreement can be done more efficiently with the help of an expert premarital agreement attorney. They can help you comply with all the legal requirements and establish a strong case.
With a skilled attorney, you will be able to effectively present evidence that you were ill-informed of your spouse’s real financial status, that your spouse pressured you into signing the agreement, that the agreement is unfair, or that any other matter is a reasonable basis to challenge the agreement.
Best Premarital Agreement Attorneys in Davie
If you are about to get married and believe that signing a prenuptial agreement might be beneficial, discuss your options with one of our premarital agreement attorneys in Davie, FL. Here in Dalton Law Firm, P.A., our team of lawyers is well-equipped with knowledge and experience when it comes to handling premarital agreements.
We guarantee the utmost professionalism in treating your case. You can rest assured that your details will remain confidential and will only be used to better establish a good case for you. We will be your legal guide and confidant whom you can tell all your concerns to. You can trust us to give you invaluable legal help throughout the process.
With our premarital agreement attorneys’ skills and understanding of the law, we will properly draft a comprehensive prenuptial agreement for you and your spouse. Whatever your background and financial status are, we promise to handle your concerns appropriately and to take care of your properties and marriage.
Let’s Talk- Dedicated Family Law Firm
Entering a marriage can be more than just an emotional affair. We understand that you would want to secure your future and finances as well. For a comprehensive guide to drafting and signing a legally enforceable premarital agreement, reach out to us today.
Contact Dalton Law Firm, P.A. at (954) 371-2993 for a Free Consultation.