In many cases, many couples don’t give a prenuptial agreement much thought—until after the wedding date.
A prenuptial agreement is a valid document that can protect one partner and his or her assets in the event of a divorce. However, in many cases, the validity of such an agreement can be argued during a divorce.
In this article, we will review what a prenuptial agreement is, how a prenuptial agreement in Florida works, and what you need to know if you are considering marriage or divorce.
What Goes Into a Prenuptial Agreement in Florida?
Can a couple put a clause in place of how they might divide assets in the event of a divorce? Do these types of prenuptial agreements hold water in Court?
The answers to these questions greatly depend on how the premarital agreement or anti-nuptial agreement is drawn up. This agreement must follow a certain procedure in order to prevent an attack on the validity of a premarital agreement.
What to Consider Before Signing a Prenuptial Agreement in Florida
The Time Factor
There should be a sufficient amount of time between when the agreement is put into force and signed by all parties and the actual date of marriage. It’s not something a form that you will sign on the way over to church or right before your rehearsal dinner. It should be done around the time you set a wedding date.
A prenuptial agreement should be as detailed as possible. It should also have adequate financial disclosure. The more financial disclosure you have, the more valid the agreement becomes.
In fact, it’s not uncommon to have hundreds and hundreds of pages of financial disclosure, tax returns, and so on attached to a prenuptial agreement. The agreement itself can easily be 25 pages long, and then you could easily have 250 or more pages of financial disclosure attached to it.
Keep Your Partner Informed
The more your partner knows going into the marriage and understands prior to signing an agreement, the less likely he or she will be able to successfully attack the validity of the agreement in the event of a divorce.
Getting Married and Need Legal Advice?
If marriage is in your future, or if you are even thinking about getting married, and are considering a prenuptial agreement in Florida, contact Travis Walker Law today for a free consultation.