Most people don’t expect to get divorced. However, when you’re planning to get married in Orlando, FL, it’s important to consider taking steps to protect yourself. An experienced Orlando prenuptial agreements lawyer at Conti Moore Law Divorce Lawyers, PLLC can help you understand your options and draft an agreement to protect you in the future.
Our lawyers have over 50 years of experience helping families in Central Florida prepare for the unexpected. Let us help you deal with the legal issues so that you can enter your marriage without stress.
How Conti Moore Law Divorce Lawyers, PLLC Can Help With a Prenuptial Agreement in Orlando
Are you and your future spouse considering a prenuptial agreement? It’s always important to speak with an experienced family lawyer before entering into a prenup. Our Orlando family law attorneys at Conti Moore Law Divorce Lawyers, PLLC can help you draft a fair prenuptial or postnuptial agreement.
Our legal team has over 35 years of experience handling complex and sensitive family law matters.
When you hire our legal team, you can trust that we will:
- Help facilitate an open and honest financial discussion
- Ensure that you understand your legal rights and obligations under the contract
- Identify any financial matters that should be addressed in the agreement
- Draft an agreement that will be enforceable under Florida law
Contract laws can be complex. When sensitive family matters and financial issues are involved, executing a fair contract can be even more difficult. An experienced Orlando family lawyer can help smooth the process so that you can enter your marriage with confidence.
Do you have questions about a new prenuptial agreement? Are you wondering whether an existing agreement might be challenged? Call our law offices to schedule a free consultation today.
What is a Prenuptial Agreement?
A prenuptial agreement is a written contract between prospective spouses. The terms of a prenuptial agreement will determine how a married couple’s assets and property will be divided if they choose to divorce or separate at a later date.
The prospective spouses typically agree to the terms of a prenuptial agreement prior to marriage. Once the couple is married, the agreement becomes enforceable without the need for any other action. In other words, no additional “consideration” is required to create a legal agreement.
In other cases, the couple might decide to enter an agreement after marriage. These postnuptial agreements are subject to the same rules that govern prenups. The only difference is that the postnuptial agreement is entered into after the couple is married.
What Does a Prenuptial Agreement Do?
Prenups can deal with a variety of issues, depending on the couple’s circumstances. One of the key features of a prenup is that it enables the parties to get a clear sense of their financial rights and obligations, both during and after the marriage.
Typically, a prenuptial agreement will:
- List all property owned by each spouse
- Identify any debts of either spouse
- Outline each spouse’s right to buy, sell or transfer property
- Outline how an individual spouse’s debts will be handled during and after marriage
- Identify which property will be considered “marital property”
- Carve out property that will be the separate property of either spouse
- Address how property will be divided in a future divorce
- Dictate the treatment of retirement accounts, pensions, and life insurance policies
- Create an agreement that will determine spousal support and alimony
- Protect children from any previous marriages
- Protect a business owned by one or both spouses
- Outlines each spouse’s rights during marriage and after a divorce or legal separation
Sometimes, the prenup can require one or both parties to execute a will or trust to carry out the terms of the agreement.
Realistically, a prenuptial agreement can help the couple avoid arguments about property division after the marriage has ended. It can also provide terms that may change the division of property if one spouse is unfaithful or financially irresponsible during the marriage.
Overview of Prenuptial Agreements in Florida
Like any other contract, a prenup must be executed in accordance with Florida laws on premarital agreements. Otherwise, the courts could decide the contract is unenforceable.
A prenuptial agreement will be declared unenforceable under the Florida Uniform Premarital Agreement Act if:
- It is not signed and in writing
- One party did not execute the contract voluntarily
- The agreement was a product of fraud, duress, coercion, or overreaching
- The agreement is found to be unconscionable when it was executed
Florida courts can also decide that a prenup is unenforceable if the contract limits one party’s spousal support rights and that spouse later becomes eligible for public assistance. In these cases, the court may order the higher-earning spouse to support the lower-earning spouse despite an agreement to the contrary.
What Are the Benefits of a Prenuptial Agreement?
A prenuptial agreement can be a valuable tool for any couple considering marriage. Every couple has their own personal reasons for signing a prenuptial agreement.
Some of the primary benefits of a prenuptial agreement include:
- They give couples peace of mind and clarity about what will happen to their finances after a divorce or legal separation
- Prenups allow the parties to agree on financial matters amicably, rather than during a contentious divorce when emotions are heightened
- Prenuptial agreements keep financial matters private, while a divorce would make information about a couple’s finances public
- The prenup can protect a spouse financially if that spouse chooses to stay at home and raise children
- Assets earned by either spouse prior to marriage can be earmarked as separate property
- Self-employed business owners can protect their business and ensure continuity in the event of a divorce
- Each party can be protected from the other party’s debts and financial obligations
Prenuptial agreements aren’t only for the wealthy. No one can predict the future. A fair prenuptial agreement can help you plan for the unexpected and discuss finances with your partner in an open and honest manner.
However, it’s important to seek legal advice before signing any documents. Our lawyers in Orlando are here to help protect your legal rights. If you’re considering a prenup, call our law firm to schedule a free initial consultation today.
Can an Existing Prenuptial Agreement Be Challenged in Orlando, Florida?
While it’s not easy, it may be possible to challenge an existing prenuptial agreement. Prenuptial agreements can be challenged if they are unconscionable or against public policy. “Unconscionable” is a legal term for “unfair.”
Generally speaking, a prenup will be unconscionable if the spouse who is challenging the agreement:
- Was not given full and reasonable disclosure of the other spouse’s finances at the time the agreement was signed
- Didn’t waive the right to receive disclosure of the other spouse’s assets and debts in writing
- Did not have, and could not reasonably have had, knowledge about the other spouse’s financial situation
For example, if one spouse hid assets from the other, the judge might find the contract was only signed because of fraud. Courts may also find the contract enforceable if the contract was particularly unfair.
However, a contract won’t be unenforceable simply because it gives one spouse more money than the other. Most of the time, the challenging spouse will have to show that they didn’t have enough information to consent to the agreement.
If you believe your prenuptial agreement was unfair, we highly recommend that you contact our divorce lawyers. We can help you identify solutions. Call our Orlando divorce attorneys to learn more about your rights today.
Can a Prenuptial Agreement Cover Child Custody Matters?
There are two primary matters that can’t be decided in a prenup. A prenuptial agreement may be challenged if the agreement covers:
- Child custody matters, including time-sharing arrangements after divorce or separation
- The amount a spouse will be required to pay in child support if the couple separates or divorces
These provisions are generally unenforceable. The spouses can agree on child support or child custody provisions at the time of divorce, but a family law judge must also approve these proposals during divorce proceedings.
Do you have questions about an existing prenuptial agreement? Our Orlando prenuptial agreements attorneys at Conti Moore Law Divorce Lawyers, PLLC can help. To learn more, call our law firm for a free case review today.
Can an Existing Prenuptial Agreement Be Modified?
Existing prenups can only be modified if both parties agree in writing. Similarly, the agreement may be revoked with the full consent of each party.
Contact an Orlando Prenuptial Agreements Lawyer for a Free Consultation
It’s important to hire an experienced Orlando prenuptial agreements lawyer if you and your partner are considering a prenup. An experienced lawyer can help you avoid any challenges to the agreement down the road. We can also help you negotiate favorable terms that will protect your future financial security.