Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: April 17, 2023
When getting married, there are a lot of things to think about. Will you move into your place or theirs? Should you combine bank accounts? Where will you have your wedding, and who will you invite? In addition to all of the fun things to think about when planning a wedding and a life together, there are also some practical considerations – i.e. will you file taxes jointly or separately? Will your employer-sponsored healthcare plan cover your spouse? And should you consider a prenuptial agreement?
Getting a prenuptial agreement is often stigmatized as a decision that indicates that you’re “counting on failure.” However, this isn’t necessarily the case at all; instead, a premarital agreement–as well as a postnuptial agreement–can be a smart part of planning for the future. To learn more, contact our Orlando prenuptial & postnuptial lawyers at the O’Mara Law group today.
Who Should Create a Pre- or Post-Nuptial Agreement?
Pre- and post-nuptial agreements aren’t just for those who are rich or who are “trust fund babies” – anyone who has assets they want to protect should consider creating an agreement as this type. Agreements like this can also be helpful for protecting oneself against a spouse’s debt. As such, prenuptial agreements are something that everyone getting married should at least consider.
What Can Be Included in a Prenuptial Agreement?
Prenuptial agreements can be used to address a number of different things related to a person’s finances and how finances will be managed throughout the marriage and in the event of a death or divorce. For example, a prenuptial agreement may address:
Note that prenuptial and postnuptial agreements cannot be used to make any determinations about child custody. They also cannot be used to obligate a spouse to do something illegal. Nor can they be unconscionable, which essentially means grossly unfair. For example, a court may find it unconscionable if one spouse gives up their right to all assets in the event of a divorce.
How Are Pre- and Post-Nuptial Agreements Enforced?
At the time of a separation, divorce, or death of one party, a premarital or postnuptial agreement will be submitted to the court for review. Assuming it is found to be valid–which means that both parties signed of their own free will, without duress, and the agreement is not unconscionable–then the agreement will be found enforceable and the court will issue an order per the terms of the agreement.
How to Get Started with a Qualified Attorney Today
To learn more about pre- and post-nuptial agreements and why you may want one, call the qualified Florida divorce lawyers at the O’Mara Law group today. We have experience drafting pre- and post-nuptial agreements and are happy to sit down with you to discuss your needs today.
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