Orlando Prenuptial & Postnuptial Agreement Lawyer
Do you have valuable property interests, or children from a previous marriage, that you want to make sure are protected in the event your new marriage ends in divorce? Are you giving up a promising career to raise a family and want to make sure you will be able to provide for yourself and your children if the marriage falls apart? Marriage is a big step, and while you are planning your lives together as a couple, fears and uncertainty about the future can cause undue stress and anxiety. Prenuptial and postnuptial agreements can ease those fears and help you enter your marriage fully confident that you will be protected no matter what life has in store. Orlando prenuptial & postnuptial agreement lawyers at the Donna Hung Law Group in Orlando can guide you through the process of drafting a prenuptial or postnuptial agreement that is practical, enforceable and meets your needs.
Facts about Prenuptial and Postnuptial Agreements in Florida
A premarital or prenuptial agreement is an agreement, like a contract, entered into by two people who are contemplating marriage. The agreement becomes effective and enforceable upon marriage. A postnuptial agreement, or marital agreement, often covers the same subjects as a prenuptial agreement would, but this agreement is made after the couple have already married. A postnuptial agreement can be made at any time during marriage and is effective as soon as it is executed by the couple.
Prenuptial agreements most frequently discuss issues such as the property division and payment of alimony in the event of a divorce. For instance, the agreement may stipulate that alimony will not be paid for a marriage of a certain length, or it may dictate a certain amount and duration of alimony. The agreement may also exclude certain property from the property division that might otherwise be considered marital property and subject to equitable distribution.
Other subjects that might be covered in a prenuptial agreement include the provision and terms of a life insurance policy, the making of a will and a spouse’s inheritance, including a provision regarding the spouse’s right to choose an elective share under Florida law. There is really a broad range of topics that can be covered in a prenuptial agreement, although certain matters are off limits. For instance, a prenuptial agreement cannot dictate how child custody (timesharing) or child support will be decided in case of a divorce.
Reasons to Use a Prenuptial Agreement
Some couples decide to include a prenuptial agreement when they each have expensive assets to protect, or when there is a large disparity in income between the two. The higher-earning spouse doesn’t want to be taken advantage of in a divorce, while the lower-earning spouse wants to make sure he or she will be protected. Another common reason to choose a prenup is when one or both spouses have been previously married. If a spouse previously went through a difficult or emotional divorce, they may choose to avoid another legal battle by setting out the terms of a divorce in a prenup or postnup. Also, if a person has children from a previous marriage, he or she may want to assure that the children’s inheritance rights will not be infringed on by the new marriage.
Besides these common reasons, any couple can benefit from a prenuptial agreement, helping them enter a marriage with their eyes wide open and based on clear, full communication between the spouses about their current situation and future expectations.
How Our Orlando Family Law Attorneys can Help
There are several legal requirements which must be followed to ensure a prenuptial agreement is valid and enforceable. It must be in writing and signed by both parties, based on a fair and reasonable disclosure of assets and liabilities (unless disclosure is waived in writing), and it must only cover legally-valid topics. Also, a prenup must be entered into voluntary and cannot be considered unconscionable (grossly unfair) at the time it is made. Our family law attorneys can assist in the negotiating and drafting of a prenuptial or postnuptial agreement to ensure it is fair, effective, enforceable and meets your needs. If an agreement is later challenged or needs to be enforced, our lawyers can provide incisive, effective representation in court.
Call Donna C. Hung in Orlando for Effective Assistance with Orlando Prenuptial Agreements
For assistance regarding a Florida prenuptial or postnuptial agreement, call the Donna Hung Law Group in Orlando at 407-999-0099 to discuss your needs and concerns with experienced and dedicated Orlando prenuptial & postnuptial agreement lawyers.