Getting Married? Five Things You Need To Know About Prenuptial Agreements

Getting Married? Five Things You Need to Know About Prenuptial AgreementsPrenuptial agreements are often controversial for new couples. There are lots of myths surrounding ‘prenups,’ such as that these agreements are only for wealthy couples who need to protect their assets. Or that putting a prenuptial agreement in place will lead to a divorce. None of these myths are accurate; in fact, there are many reasons couples of all different income levels would want to create a prenuptial agreement. The Florida family law attorneys at HAWM Law can help you and your future spouse make an agreement that works for both of you and sets you up for a long and happy marriage.

#1 – You and your future spouse must disclose all of your assets.

There are certain requirements for prenuptial agreements to be considered legally valid. One such requirement is that you and your future spouse must disclose your assets and liabilities. This disclosure must be ‘full and fair’ to ensure that both parties understand what they are getting into with the prenuptial agreement.

#2 – A prenuptial agreement can include more than just the disposition of assets.

While the common assumption about prenuptial agreements is that they are to protect each party’s assets, these agreements can cover so much more. For example, it can include, but is not limited to:

  • The establishment, modification, waiver, or elimination of spousal support;
  • The making of a will, trust, or other arrangements to carry out the provisions of the agreement;
  • The ownership rights in and disposition of the death benefit from a life insurance policy;
  • The choice of law governing the construction of the agreement; and
  • Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.

Our family law attorneys are focused on efficiently and effectively preparing clients for the most difficult circumstances. The attorneys at HAWM law have experience dealing with an array of family law matters and can prepare the necessary and often unique strategy and tools that your family may require.

#3 – A prenuptial agreement can be considered not enforceable under Florida Family Law for several reasons.

As mentioned earlier, prenuptial agreements can be voided under state law for various reasons. One of those reasons already mentioned is that there must be full and fair disclosure of each party’s assets. There are other requirements, including that the agreement must be voluntary, there must have been no fraud, duress, or coercion, and more.

#4 – You and your future spouse should have separate legal counsel when creating a prenuptial agreement.

Many of the laws surrounding prenuptial agreements are focused on ensuring that the agreement is created fairly. One consideration to make the agreement enforceable and prevent any unfairness in the creation process is having separate legal counsel for each party. Although it seems convenient to have one attorney involved in the process, it is best to have two attorneys representing each future spouse’s separate and unique interests.

#5 – Working with experienced attorneys can help.

The Florida family law lawyers at HAWM Law are waiting to help you and your future spouse create the perfect prenuptial agreements for your needs today. Creating a prenuptial agreement can be complicated and stressful, especially while planning a wedding or a future together with your spouse. We have years of experience in these matters and are ready to provide support to you and your future spouse throughout this process. Call us at 407-802-3223 to get started.

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