Oviedo Prenuptial or Premarital Agreements
In today’s world, it has become common for couples to establish premarital agreements to address uncertainties and potential challenges in their marriage. These agreements are highly recommended as they can contribute to a successful and stress-free relationship by outlining how issues will be resolved.
Given the increasing popularity of premarital agreements, it is crucial to work with a premarital agreement lawyer who can help both you and your prospective spouse draft a deal that is agreeable to both parties. Legal guidance will help you identify the critical subjects that should be included in the contract and make sure it’s court approval.
At Davis and Associates, Attorneys at Law, LLC, our Oviedo, FL, family law firm, we offer assistance in creating premarital agreements before you get married. Our team includes experienced Oviedo premarital agreement lawyers who will ensure that all necessary topics are covered in your contract and that it can be easily enforced after marriage. We are also here to help you contest or modify the deal, providing you with the necessary legal resources to make the best decisions for you and your family.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 for a Free Consultation!
Premarital Agreements in Florida
A premarital agreement in Florida is a legal document used by prospective spouses to establish guidelines for essential issues that may arise during or after marriage. These agreements typically cover factors such as financial responsibility, decision-making, and arrangements in the event of divorce.
Creating a premarital agreement can bring certainty to a marriage, and it is especially recommended for couples who:
1. Have assets and properties before the marriage and want to keep them separate from marital properties that would be divided in case of divorce.
2. Have children from previous marriages and want to protect their inheritance rights.
3. Have business interests they wish to keep separate from marital assets in the event of a divorce.
4. Want to proactively address spousal support and other arrangements in case of separation or divorce.
By establishing a premarital agreement, couples can have peace of mind knowing that essential aspects of their marriage are thoughtfully addressed and agreed upon beforehand.
What is Covered in the Prenuptial Agreement?
When drafting premarital agreements, couples can be as detailed as they wish to address various issues that may arise during their marriage. These agreements can also outline what will happen in divorce or separation.
Here are some of the critical points that can be included in a premarital agreement:
1. Property Management: Specify who controls or manages the properties acquired during the marriage.
2. Property Division: Outline how properties will be divided in the event of divorce, death, or other significant events.
3. Spousal Support: Could you address whether spousal support will be provided, the amount, and the duration of support if the marriage ends?
4. Retirement Plans and Pensions: Determine how retirement plans and pensions will be distributed or used.
5. Life Insurance Policies: Discuss how life insurance policies should be distributed or utilized.
6. Wills: Address whether a will is necessary to enforce the premarital agreement.
7. Choice of Law: Indicate which state laws will be used to govern and adopt the agreement.
It is essential to note that premarital agreements should not include child custody and support arrangements. The court decides child custody and support matters during divorce proceedings, considering various factors to determine the best deal for the child’s benefit. While parents can make temporary arrangements during divorce proceedings, the court has the final say in determining the child’s custody and support structures.
If you need help drafting your premarital agreement, our Oviedo premarital agreement lawyers can help ensure that all relevant topics are covered, negotiate contested points with your future spouse, and make sure the deal is adequately prepared for court approval.
Modifications and Enforcements
Despite common misconceptions, premarital agreements can indeed be modified even after the marriage has taken place, which is also applicable in Florida. However, to ensure smooth discussions and prevent disagreements during modification, both parties must give written consent before proceeding. Once permission is obtained, both parties must agree on the proposed changes.
During this time, parties can also contest the validity of specific points or the entire agreement if they believe it was based on fraudulent information or signed under duress or pressure.
The final modified agreement will be submitted to the court, following the Uniform Prenuptial Agreement Act (UPAA), to determine whether the modifications should be applied immediately. Florida, as one of the states that have adopted the UPAA, is committed to helping couples create effective and acceptable premarital agreements and has a court system ready to enforce these agreements if issues arise.
It is crucial to note that the court can invalidate any modifications to a premarital agreement or the entire agreement if any of the following factors are involved:
1. One or both signatories signed the agreement involuntarily.
2. One of the parties coerced, falsified, pressured, or used “overreaching circumstances” to obtain the other party’s signature on the modified premarital agreement.
3. The agreement was deemed “unconscionable” because one party did not receive complete and honest disclosure of the other’s assets and financial obligations, did not voluntarily waive their right to disclose their assets and financial debts, and did not receive adequate information about the other’s total assets and obligations.
At Davis and Associates, Attorneys at Law, LLC, our Oviedo premarital agreement lawyers will guide you through the entire process. If you’re looking for modifications, your assigned lawyer will advise you on modifying key points and negotiate with your spouse for their approval. If you wish to contest the premarital agreement, we can help you file the case before the court and fight for its cancellation.
Free Consultation with an Experienced Prenuptial Agreement Lawyer
Regarding life decisions, ensuring success and preventing future problems is essential, especially when considering marriage with your lifelong partner. A premarital agreement can guide navigating the highs and lows of marriage and address potential issues should the wedding encounter difficulties.
Our experienced Oviedo premarital agreement lawyers are here to assist you in crafting the best premarital agreement tailored to you and your potential spouse. Once the deal is complete, we will help you secure court approval and, if necessary, make sure it’s enforced. You can also rely on us to handle any modification requests. With our legal support always available for your concerns, you can be confident that your marriage will be well-prepared for any situation that comes your way.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 for a Your Consultation!