Prenuptial Agreements

Getting married is usually an exciting time. But, regardless of your current happiness, it may also be a time to seriously consider how to preserve your assets if your marriage doesn't work out as you planned. A prenuptial agreement can be more important if the bride or groom has been married before, works or does not work, has a business, or if one or both have children and there are inheritance considerations.

What Is a Prenuptial Agreement?

A prenuptial agreement is a written contract between two people before they marry that will take effect when they marry. This agreement determines how financial matters will be settled in case of divorce, separation or death.

A premarital agreement must be in writing and signed by both parties. It might include instructions for:

  • How real estate will be divided
  • Responsibilities for debts built up during the marriage
  • Determining what if any separate property is involved and how it should be held and titled
  • Deciding what joint and separate living expenses there might be and how they will be paid
  • Determining who has the right to retirement assets
  • Alimony
  • Determining rights to life insurance benefits
  • Wills and trusts

The Uniform Premarital Agreement Act was adopted by the State of Florida in October 2007. Some of the act's provisions include:

  • The contract can pertain to any right or obligation except if it is in conflict with criminal law or Florida public policy
  • Any change to the agreement must be notarized and in writing
  • The contract must be entered into voluntarily
  • Both parties must have knowledge of the other's income, assets and liabilities unless they waive this right voluntarily and in writing
  • If the parties agree to an amount of support that would impoverish a party, requiring that person to receive public assistance, the court may determine that the spouse has to pay more to support that person and keep him or her out of poverty

Contact an Orlando Family Law Attorney

Because of all the different circumstances that apply when people marry, you should have the help of an experienced attorney if you are going to sign a prenuptial agreement. Our Florida family law lawyers have been assisting people with such contracts for dozens of years, protecting their rights, considering situations they might not even have thought of.

For help in writing your prenuptial agreement, contact Troum & Wallsh today. We will explain everything to you in detail and make sure that your assets are protected. Contact us to schedule a consultation.