Parkland Prenuptial Agreement Lawyer
Get Protection and Security with Our Parkland Prenuptial Agreements Lawyers
As a comprehensive family law practice handling divorce and all related family law matters, HVW Law Group is prepared to advise and assist you in creating a prenuptial or postnuptial agreement that can help you move forward in your marriage with confidence, security and peace of mind. See below to learn what prenuptial agreements can and can’t do, and why couples choose to include prenuptial agreements as part of their wedding preparations. For more information or help creating a valid and enforceable prenuptial agreement customized to your unique needs, contact HVW Law Group to speak with one of our experienced and knowledgeable Parkland prenuptial agreement lawyers.
What Florida Prenuptial Agreements Can and Can’t Do
Most prenuptial agreements typically address issues of property division or alimony payments in the event of a divorce. For example, a prenuptial agreement may state that certain property is to be kept separate and not subject to equitable distribution, or that otherwise separate property will be included in the property division. On the subject of alimony, the agreement could define what amount of alimony will be paid in the event of divorce and for how long, or that no alimony will be paid if the marriage has lasted for a certain length.
Prenuptial agreements may be customized to address other topics that meet the needs of the contracting parties. For instance, the agreement could require one spouse to take out a life insurance policy in a certain amount with the other spouse as beneficiary, or require the making of a will with specific instructions regarding the elective share or other spousal inheritance rights. Prenuptial agreements can legally cover a wide range of subjects, although they may not address issues of timesharing or child support.
Why couples choose to make a prenuptial agreement
There are many good and important reasons why couples may choose to enter into a prenuptial agreement before marriage. If there is a large disparity in wealth between the couple, a prenuptial agreement can protect the interests of both, by ensuring that the wealthier spouse will not be taken advantage of in a divorce while guaranteeing adequate support for the less wealthy spouse.
Another reason for choosing to use a prenup occurs when at least one of the spouses has been married before and went through a difficult divorce. The prenuptial agreement can assure the spouse that such a traumatic procedure will not be repeated, and it can also be used to guarantee inheritance rights or make other provisions for children from a previous marriage.
For any couple about to get married, creating a prenuptial agreement is a means for each person to have a complete understanding of the other person’s financial picture before the marriage, enabling the couple to have an open, frank and honest discussion about money and other issues which often cause dissension in marriages or make the process of divorce unnecessarily rough on families.
Our Parkland Family Lawyers Help with both prenuptial and postnuptial agreements
A prenuptial agreement is a contract entered into by a couple in contemplation of marriage. The agreement goes into effect and becomes enforceable when the couple marries. A postnuptial agreement, on the other hand, is one that is created after the couple are already married. A postnuptial agreement becomes effective as soon as it is signed by both parties, or according to the terms of the agreement.
Sometimes a couple may have intended to create a prenuptial agreement, but they simply did not get to it before the marriage amid all the chaos that often goes into planning a wedding. In other circumstances, one spouse may start up a business or form a partnership during the marriage and need to keep the business as separate property, or a spouse may receive an inheritance and need to ensure it is kept separate from the marital property. Likewise, a postnuptial agreement can keep one spouse insulated from the other’s debts.
Sometimes a couple may hit a rocky patch during their marriage, and a postnuptial agreement offers a means to smooth things over as part of a reconciliation, or to provide security if things don’t work out and avoid a drawn-out legal battle in court for both sides. Money issues are a frequent source of dissent in a marriage, and a postnuptial agreement can set spending parameters for each spouse on occasions such as weekend shopping trips or getaways with friends.
Make Sure Your Prenuptial or Postnuptial Agreement is Both Valid and Enforceable
To be effective, a prenuptial or postnuptial agreement must be in writing and signed by both parties. Each party is entitled to a full disclosure of the other’s assets and debts, unless this disclosure is waived. The agreement must be entered into voluntarily by each party, and its terms cannot be so one-sided that they are considered unconscionable, judged by the circumstances existing at the time the agreement was entered into.
Issues like disclosure, voluntariness, and unconscionability are legal matters, and the prenup or postnup is a legally binding contract. It is important to have the help of a lawyer in drafting the document to ensure it will be valid and enforceable if it is ever needed. Each side should have an attorney during the negotiations, or at the very least each party should have the agreement reviewed by an experienced family law attorney before it is signed. This will help make sure the agreement meets your needs and will not be successfully challenged in court if divorce ever becomes necessary.
Get the Prenuptial Agreement You Need with the Help of Experienced Parkland Family Lawyers
For help creating a prenuptial or postnuptial agreement that meets your needs, or for a professional review of an agreement by knowledgeable and experienced Parkland prenuptial agreement lawyers, contact HVW Law Group in Parkland at 954-255-5655.