Fort Lauderdale Prenuptial or Premarital Agreements
For many couples, marriage is the final step to validate their relationship and begin their life together. It could be made before the church or a civil official. It is a legally binding oath that can only be cut through legal proceedings such as divorce or separation.
Given that you will be spending your life with another person, there will be times when you will argue about certain subjects, which may create a dent in your marriage. Fortunately, you can avoid having this problem by having a prenuptial or premarital agreement drafted before the marriage to serve as your guide when these issues come about. But where should you go if you are unfamiliar with how to write them and get them recognized by the court?
If you are living in Fort Lauderdale, FL, you can trust Fort Lauderdale Divorce Attorneys’s experienced team of premarital agreement lawyers to help you out. We can help you write a premarital agreement that both parties can agree on and file before the court. Our team can also help you seek modifications to the agreement, contest it, or get the court to enforce it should the other party fail to follow their side of the agreement.
Call Fort Lauderdale Divorce Attorneys at (954) 371-2993 for your Consultation with a Fort Lauderdale Premarital Agreement Lawyer.
Premarital Agreement in Florida
In Florida, prenuptial agreements are known as “premarital agreements.” It is defined as a contract between prospective spouses indicating how to resolve issues like financial obligations, property division, alimony, etc.
Any couple can make premarital agreements regardless of their financial status and look for a way to bring certainty to their marriage, even if it ends in a divorce. It also fits parties who:
- Own assets and properties before their marriage and wish to protect them from being divided during a divorce
- Have children from a previous marriage, and you wish to protect their inheritance
- Have business interests you wish to keep separate from your marital properties in case the marriage fails
- Wishes to pre-determine separation or divorce arrangements, especially in terms of alimony.
Coverage of Premarital Agreements
Couples in Fort Lauderdale can use their premarital agreements to cover key points they must deal with during and after the marriage.
Some of these key points include:
- The parties’ ability to manage or control assets and properties during the marriage.
- How will the properties be divided once divorce, death, or other events take place
- Whether a specific spouse should pay the other party alimony during a divorce or separation and, if agreed, how much it should be and how long it should be given.
- How the retirement plans or pensions will be distributed or used
- How the life insurance policies will be used or distributed
- Whether either party will write a will to carry out the agreement
- Which state laws will be used to adopt the agreement, if needed
When it comes to child custody and support, the courts decide who gets child custody and who pays child support. The judges will look into the child’s needs, the time spent with either parent, and their best interests. Should they want to make early arrangements regarding these issues, they can do so during their divorce or separation, and it will be subject to court approval.
You can trust our Fort Lauderdale, FL family law firm to help you sort out your premarital arrangements and ensure both parties agree to its coverage and content. We can also explain Florida’s guidelines on how certain topics are decided on, such as the financial aspect of the agreement.
Premarital Agreement Modification and Enforcement
Even if you get married, Florida allows married couples to revise their premarital agreement anytime. However, before it can be done, both parties must provide a written consent, or else it cannot proceed. Once consent is provided, both parties must agree to alterations and changes before they can be legally modified. Its validity can also be challenged if one or both parties can prove that the prenup was signed under duress or coercion or if there were fraudulent or misrepresented points.
Once a premarital agreement is made or modified, the court will utilize the rules set under the Uniform Prenuptial Agreement Act (UPAA) to determine if a premarital agreement should be enforced immediately when the couple marries. Florida signed the act in 2007 to help two parties create a consistent and acceptable premarital agreement. It will be enforced in the terms they agree on, with the court intervening if the other party is in financial jeopardy when the agreement is enforced.
The court may invalidate the modifications or the entirety of the premarital agreement if:
- One of the signatories signed involuntarily.
- One of the parties used fraud, coercion, duress, and other “overreaching circumstances” to get the other party to sign the modified premarital agreement.
- The agreement was “unconscionable” because one of the parties did not get a full disclosure of the other party’s assets and financial obligations, did not voluntarily waive their right to disclose their assets and financial obligations to the other party, and was not able to get the right information about the other’s assets and financial obligations.
Our Fort Lauderdale premarital agreement lawyers can assist you in writing your consent for the agreement’s modification and help during the negotiations in modifying the agreement. In turn, we can also assist in protesting against the agreement if you were coerced into signing it without your consent or if it has false information. We can also build the case to help you get the court’s ruling to invalidate the agreement or avoid an unfair result for both parties should the marriage be annulled or voided.
Talk To Our Legal Experts Today
Marriage will change many aspects of your life, especially if the relationship takes a negative turn that would lead to its end. If you don’t want problems during and after the marriage, having a premarital agreement can reduce these problems and ensure that issues can be resolved easily.
Our Fort Lauderdale premarital agreement lawyers are always on standby to help you write these agreements. If need be, we can seek the court’s intervention to resolve the issues that may appear or get the agreement amended. Our team is always here to help and give you peace of mind before you say your vows.
Call Fort Lauderdale Divorce Attorneys at (954) 371-2993 for your Consultation with a Fort Lauderdale Premarital Agreement Lawyer.