First of all, premarital agreements, ante-nuptial agreements, and prenuptial agreements are all synonymous.
When people marry they are entering into a contract with one another. The “fine print” in their contract is Florida state law which very few people know anything about unless they have been unlucky enough to have been previously divorced. Prenuptial agreements can benefit anyone, not just wealthy people. Prenuptial agreements can be especially advantageous if you and/or your future spouse have children from a previous relationship.
A prenuptial agreement will allow you to modify certain provisions of Florida divorce law to better fit your specific circumstances. A well-executed agreement will allow you to set forth the terms of a potential divorce in the future rather than having a circuit court judge dictate the distribution of your assets and the amount of spousal support to be awarded. Your prenuptial agreement can set forth each party’s rights and obligations concerning each individual asset and debt brought into the marriage, including the right to: buy, sell, or use specified property; reduce or potentially eliminate the probability of future alimony payments; waive certain rights set forth in the Florida probate laws and many other important matters.
If you have a pre-marital agreement, you can still gift or convey the property to your spouse in terms of your choosing.
Pensacola FL Prenuptial Agreement Attorney
A prenuptial agreement can, therefore, eliminate the need for costly litigation over property division, alimony, and other issues that arise when a marriage is dissolved but, a Florida family law court can refuse to honor the agreement if it was not properly executed. In order to be legally binding, both parties must voluntarily agree to the terms of the agreement, they must provide an accurate and fair disclosure of their financial position, and each party must have an opportunity to review the agreement before signing it. So, don’t get the idea that you can spring a prenuptial agreement on your spouse right before a scheduled ceremony and think that it will be enforceable. If the required conditions are not satisfied, a court may decide that all or a portion of the agreement is void because of fraud or duress.
While a prenuptial agreement can do a lot, it will not allow a couple to determine child support or future child custody rights. Florida’s child support guidelines and custody statutes cannot be avoided by agreement.
At Timothy J. Nusser, P.A. we provide our clients with the attention they need to ensure the prenuptial process is trouble free as possible because a prenuptial agreement can be a sensitive matter to discuss with a couple who are marrying for love. Whether you need an attorney to draft a prenuptial agreement or to advise you on a prenuptial agreement that you have been asked to sign, we can help.
Disclaimer: The hiring of a premarital agreement lawyer in Pensacola is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.