Should I Sign the Prenuptial Agreement?
Let’s face it: Prenuptial agreements are not the height of romance. Indeed, even considering one can be an uncomfortable subject for many couples. That being said, these agreements are still extremely important. For some couples, a prenuptial agreement is simply a smart option. Though, no one in Central Florida should ever sign such an agreement without first consulting with an experienced Orlando prenuptial agreement attorney. Ultimately, a prenuptial agreement is nothing more than a contract. As with any contract, there needs to be careful consideration given before one signs on the dotted line. Whether you are being asked to sign a prenup, or if you think you may want to ask your future spouse to sign one, you should not go through this process alone.
Who Should Sign a Prenuptial Agreement?
Prenuptial agreements are certainly not necessary for every couple. Whether or not one makes sense for you and your future spouse will depend on your personal wishes and the exact nature of your relationship. However, as a general matter, you should consider a prenup if you are in any of the following three circumstances:
- There are considerable pre-marriage assets: Primarily, prenuptial agreements are used to protect assets. If either party is coming into a marriage with substantial amount of pre-marriage assets, a prenup should be considered.
- Business interests are involved: If one spouse has ownership interests in a business, especially a family business, it is often advisable to craft a prenuptial agreement that protects those interests from being at stake in any potential future dispute.
- There are children from a previous marriage: Finally, if there are children from previous marriage, it may be desirable to enter into a prenuptial agreement that protects the children’s right to inherit assets.
Be Sure that Your Prenup is Legally Valid
To be legally enforceable, a prenuptial agreement must be fully consistent with Florida law. Florida courts can, and often do, find aspects of prenuptial agreements to be unenforceable. It is imperative that you and your spouse have your agreement drafted by an experienced attorney. In addition, as negotiation is involved, it is a best practice for both parties to be represented by their own attorney. Not only will your attorney be able to protect your individual needs, rights and interests, but your attorney will also be able to ensure that the agreement is properly drafted under state law. In Florida, prenuptial agreements should always conform to the following four key elements:
- The prenup must be in writing;
- Both parties must enter the agreement voluntarily, without any form of coercion;
- Each party must disclose all of their assets and liabilities up front; and
- The prenuptial agreement must be ‘fair’ to both parties.
If the agreement fails to meet any of these requirements, the court may throw it out.
Contact Our Orlando Office Today
A prenuptial agreement is a complex legal document. To ensure that you are signing an agreement that is legally enforceable and in your best interests, please contact the Law Offices of Steve W. Marsee, P.A. today. We have extensive experience drafting, reviewing and negotiating prenuptial agreements in Florida.