Orlando Prenuptial Agreements Lawyer
When couples are entering a marriage with a large disparity in wealth between them, or when this is a second marriage for one or both partners, the prospective spouses often turn to prenuptial agreements as a way to make sure they are protected in the event the marriage doesn’t last. The fact is that every couple can benefit from a prenuptial agreement no matter what the circumstances. The Orlando prenuptial agreements lawyers at the O’Mara Law Group can negotiate, draft or review a prenuptial or postnuptial agreement to make sure it is fair, meets your needs, and is valid and enforceable under Florida family law.
Why do Florida couples opt for prenuptial agreements?
Far from being just a tool to protect against a “gold digger” or a prediction that the marriage will not last, a prenuptial agreement is a great means for prospective spouses to get together and discuss important issues about their future together. Money issues are a leading trouble spot in marriages that lead to divorce. By having open and honest discussions about money at the outset, including full disclosures about each party’s assets, income and financial obligations, the couple can enter the marriage with their eyes open and “on the same page” regarding the financial relationship between them.
Of course, a prenuptial agreement also offers protections to both parties in the event of a divorce, death or other event outlined in the premarital agreement. A prenuptial agreement can help one spouse protect his or her vital business interest, or keep one spouse from taking on the debt of the other. Spouses who have been married before can utilize a prenup to protect the financial interests of their children from the previous marriage, or to help ensure that any breakup that may occur does not break down into a bitter courtroom fight. Prenuptial agreements help both spouses enter marriage knowing they will be taken care of and not taken advantage in case of divorce.
Requirements for a valid prenup in Florida
Florida’s Uniform Premarital Agreement Act sets out a number of rules regarding the validity and enforcement of prenuptial agreements in Florida. First of all, a prenuptial agreement must be in writing and signed by both parties. A premarital agreement is a contract made by two people contemplating marriage, and it becomes effective upon marriage.
Prenuptial agreements can affect the relationship between the spouses in a number of ways. For instance, it can set out rights and obligations of the parties with respect to any property either of them has, including the division of marital property upon divorce. A prenuptial agreement can also dictate terms of alimony and spousal support, including whether alimony will be paid at all and if so, how much and for how long. A prenuptial agreement may also address the making of a will or trust or a life insurance policy. A prenuptial agreement can take on any lawful matter so long as it does not violate the public policy of the state of Florida. For instance, a premarital agreement cannot be used to adversely affect the right to child support.
Postnuptial agreements in Florida
Florida law recognizes postnuptial or postmarital agreements as well. Postnuptial agreements must meet the same legal requirements as prenuptial agreements. Additionally, since the parties are already married, it should be clear in the postnuptial agreement that some valid consideration is given in exchange for the agreement, such as one party taking on an obligation or another party giving up something they may otherwise be entitled to. A family law specialist at the O’Mara Law Group can guide you through a postnuptial agreement to make sure it is valid under Florida law.
How are prenuptial agreements challenged or enforced?
In the event a prenuptial or postnuptial agreement ever needs to be enforced, one party may challenge the validity of the agreement. Some of the legal challenges that can be brought against a prenuptial agreement include:
- The agreement was not entered into voluntarily
- The agreement was signed based on fraud, duress, coercion or overreaching
- The agreement was unconscionable (patently unfair) at the time it was executed, and the party did not have a fair and reasonable disclosure of the other party’s property or financial obligations, nor did the party waive the right to receive such disclosure or have adequate knowledge of the party’s property or financial obligations
It is important for both spouses to be represented by an attorney when a prenuptial agreement is being made to ensure it is fair, reasonable, valid and enforceable. The Orlando family law attorneys at the O’Mara Law Group can negotiate or draft your prenuptial or postnuptial agreement, or review an agreement for you before you sign it. We are also available to litigate challenges to the enforcement of a prenuptial or postnuptial agreement.
Help with Prenuptial Agreements in Orlando
For help negotiating, drafting or reviewing a prenuptial or postnuptial agreement in Orlando, call the O’Mara Law Group at 407-634-6604 to visit with our highly skilled, knowledgeable and experienced Florida family law attorneys.