Four Things to Consider Before Signing a Prenuptial Agreement
While it may not be the most romantic thing in the world, a prenuptial agreement is a sensible choice for some couples. That being said, you should never sign a prenup without giving careful consideration to your feelings, your rights, and your responsibilities. In this article, our Boca Raton and Coral Springs prenuptial agreement lawyers highlight four things you should think about before signing a premarital agreement.
- Take Time to Understand the Full Implications of the Agreement
Do not enter a premarital agreement lightly. Whether you are the partner who is pushing for the agreement, you have been presented with a proposed prenup, or you and your future spouse are working towards one together, it is imperative that you take time to understand the full implications of the agreement before you sign on the dotted line. An effective prenup should be customized to meet the unique needs of the marriage.
- Make Sure that All Assets and Liabilities Have Been Disclosed
The primary purpose of a prenuptial agreement is to establish a clear process for how property and assets will be handled in the event of a separation. The principle of equity requires that all assets and liabilities be disclosed before a prenup is signed. Each partner should have a clear understanding of exactly what is at stake
- Know the Limitations of Prenups in Florida Law
In order to be enforceable in Florida, a prenup must satisfy strict legal requirements. Under our state’s Uniform Premarital Agreement Act (Florida Statutes § 61.079), only certain matters can be contracted in a prenuptial agreement. Make sure your prenup is compliant with state rules and regulations. A prenup that includes illegal terms is one that may cause you serious headaches down the road. In fact, the entire agreement could be rendered invalid. Perhaps the most straightforward example is child support: You cannot waive or negotiate child support obligations as part of a prenuptial agreement. Any provisions pertaining to child custody, child visitation, or child support are unenforceable in Florida.
- A Prenup Should Be Drafted and Reviewed By an Attorney
All premarital agreements should be drafted and reviewed by an attorney. Indeed, in Florida, each partner should consult with their own attorney (individually) before signing. Seeking professional legal guidance is important for several reasons. To start, your prenup lawyer will make sure that you understand the agreement and that it achieves your objectives. Additionally, state courts will only enforce prenups that were signed under a fair process. If the non-drafting spouse does not speak to their own lawyer, a court may determine that the agreement was signed under “duress” and refuse to enforce it.
Call Our Prenuptial Agreement Lawyers Today
At HVW Law Group, our Florida family lawyers represent clients with the highest level of professional skill and legal knowledge. If you are considering signing a prenuptial agreement, we can help. Get in touch with us today: Contact us now for a completely confidential initial consultation. With offices in Coral Springs and Boca Raton, we are well-positioned to represent clients throughout Southeastern Florida.