Prenuptial Agreements ◦ Miami, Fort Lauderdale, Palm Beach, Florida, Family Law Attorney
No person who is preparing for marriage wants to imagine that their marriage may end in divorce. Prenuptial agreements, contracts that couples make to designate what will happen in the event the marriage ends in divorce or even death, can address the issues of marital assets and debts and whether alimony will be paid upon divorce.
A prenuptial agreement can serve many purposes, and is an especially wise choice if:
- One spouse has separate, significant assets
- The couple has children from a previous marriage
- One spouse has received an inheritance
- One spouse has a trust fund
- A spouse owns a family business
- This is a second marriage
Do I Need A Premarital Agreement?
Premarital Agreements also referred to as prenuptial agreements or ante-nuptial agreements are entered into prior to marriage. There is a common belief in our society that only the wealthy can benefit from a premarital agreement; that is not true. Homeowners, single parents, business owners, grandparents and professionals are just a few who could benefit from a premarital agreement. Even individuals who are just starting out in life may choose to enter into a premarital agreement.
It is always a good idea for someone contemplating marriage to look carefully at key life issues that will be impacted by the marital relationship. Engaged couples often undergo premarital counseling with a member of the clergy or a marriage and family counselor. Likewise, it is a very good idea to discuss legal matters with an attorney.
Is the Premarital/Prenuptial Agreement Enforceable?
Florida law requires the full disclosure of all assets in order to ensure that a prenuptial agreement will be enforceable. A prenuptial agreement can be found unenforceable if assets are hidden or full disclosure of assets and debts were not documented in the agreement. For a prenuptial agreement to stand up under future scrutiny, it is also important that neither member of the engaged couple be pressured or forced to sign. That's why a prenuptial agreement signed on the day of the wedding may not be enforceable. It is recommended that a prenuptial agreement be drafted and signed with as much time as possible before the wedding date.
If you or your fiancé/fiancée may be wondering whether a prenuptial agreement is right for you, contact Senior Partners David Filler or Catherine Rodriguez at 305.672.5007 to consult with an experienced lawyer who can provide immediate attention to your legal needs.
