Prenuptial Agreements in Florida
Despite any couple’s best intentions of staying together forever, divorce is a very real possibility. Parties entering into marriage are well-advised to consider what will happen to them should that possibility every become a reality. Prenuptial agreements are the safest way to ensure that the parties’ interests will be protected if the marriage were to end.
Prenuptial agreements can be a touchy subject for couples in the planning stages of wedding. However, it is critical that parties come to the table sooner rather than later. For Floridians who need help drafting, negotiating, or understanding the terms of a “prenup” agreement they’ve been asked to sign, we recommend speaking with a Stuart divorce lawyer from The Law Office of Travis R. Walker before you send out the invitations.
What is a prenuptial agreement?
A prenuptial agreement is an enforceable contract that intended spouses enter before marriage. In it, a couple decides ahead of time the terms of a divorce, separation, or death, including whether one spouse will pay another alimony, how assets and liabilities should be distributed, and who will be responsible for attorney fees. The theory being that it is much better to gain certainty while relations are still good, rather than when the marriage is already unravelling. Prenups allow parties to decide their rights and responsibilities before they marry, rather than statute or a judge’s ruling that will dictate those same rights if the marriage ends without one.
What goes into the prenup?
Generally speaking, prenuptial agreements speak to each partner’s rights on the issues of:
- Equitable division of assets and liabilities
- Marital and separate property
Child custody matters however are not appropriate issue inclusion in the agreement. Florida law and public policy do not allow these matters to be addressed before there is a child custody dispute. Other legal nuances stand to limit the terms if a prenup, so drafting is best left to an experienced family law attorney.
Who should have a prenuptial agreement?
A prenup agreement is often thought of as only for the wealthy but many more people are considering them these days. Premarital planning can be a good idea if one or both intended spouses:
- Has an interest in a business, including a family business
- Holds significant assets or debts before marriage
- Has children from a prior marriage
- Has been divorced
- Has or plans to incur significant debt
These issues are never easy to discuss, but they don’t have to be. A good prenup lawyer will help facilitate the discussion so that it is productive rather than contentious. Every member of the Travis Walker law firm is committed to normalizing the process so that you come away from it informed and empowered.
Prenup Lawyers Serving Florida’s Treasure Coast from Martin to Palm Beach County
At the Law Offices of Travis R. Walker, we take the time to understand your situation and goals. We listen with empathy and draw on our experience in the area of family law to find solutions tailored to your needs.
In addition to prenuptial agreements, we handle all types of issues relating to marriage and divorce, including the following:
- Postnuptial agreements
- Equitable distribution of assets
- Division of liabilities
- Child support
- Child custody
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