Navigating Prenuptial and Postnuptial Agreements in Orlando
Getting married should be one of the happiest milestones of your life, but there is one thing that might be standing in your way: a prenup or postnup. There may be many people telling you why you shouldn’t sign a prenup or a postnup.
For starters, it’s widely considered to be a sign from your partner that they don’t trust you or that you don’t trust them if either of you asks the other to sign a prenuptial agreement prior to tying the knot. But, as a leading prenup lawyer in Orlando, we feel maybe that shouldn’t be the case.
Instead of being a sign of mistrust, a prenup can be used to inspire trust. Before explaining how that’s possible and why a newly engaged couple may want one, let’s break down exactly what prenups – and their post-marriage counterpart, the postnup – actually are.
What is a Prenuptial or Postnuptial Agreement?
Prenuptial and postnuptial agreements are legal documents that play a crucial role in outlining the financial and personal expectations of couples, either before, during, and/or after marriage. Usually drafted by a prenuptial and postnuptial agreement attorney, these agreements are designed to provide a clear framework for the distribution of assets, spousal support, and other important matters in the event of a divorce or separation.
#1. Prenuptial Agreements
Prenuptial agreements – also called antenuptial agreements, premarital agreements, or simply “prenups” — are signed by future spouses before they get married. It is a legally binding document where the two agree on how to handle certain assets and situations in the event that they separate or get divorced.
Purpose
Prenuptial agreements establish a set of guidelines regarding certain matters in the unfortunate event that your marriage ends in divorce.
Content
The content of a prenuptial agreement can vary widely depending on your preferences and circumstances. Typically, it includes provisions specifying how property, income, and debts acquired during the marriage will be divided. It may also address issues related to alimony or spousal support. You can also outline any other specific matters. However, don’t do this without consulting our skilled prenuptial agreement attorney.
Legal Requirements
Prenuptial agreements must meet a few legal requirements to be enforceable. These requirements may include:
- Full financial disclosure by both parties
- The absence of coercion or duress during the signing
- The provision of sufficient time for review before the wedding
Again, you should hire a prenuptial agreement attorney. We can protect your interests when signing such an agreement.
#2. Postnuptial Agreements
A postnuptial agreement – or a postnup – does the same thing, only it’s signed by couples who are already legally married. If they’ve been married in the eyes of the law, but haven’t had a wedding, they would sign a postnuptial rather than a prenuptial.
These agreements can be valuable for couples who may not have considered a prenuptial agreement before marriage or who wish to modify existing arrangements during their marriage.
Relationship Preservation
Like prenuptial agreements, postnuptial agreements can also serve to strengthen a marriage. These agreements can address potential sources of conflict and establish clear expectations. You may find that a postnup enhances communication and understanding within the relationship.
Legal Requirements
The legal requirements for postnuptial agreements are generally similar to prenuptial agreements. Both parties must fully disclose their financial situations, and the agreement should be fair and reasonable. And, of course, you need a postnuptial agreement attorney on your side when doing this.
What Can a Prenuptial (and Postnuptial) Agreement Protect?
Prenups and postnups protect assets by giving written confirmation from you and your spouse that outlines the ownership of certain assets if the marriage ends in a divorce. A partner can also promise not to seek alimony in the event of divorce or to agree to a set amount. Also, your agreement can safeguard pre-existing business interests and outline specific arrangements for potential inheritances.
Unless there is some reason to believe that the prenuptial or postnuptial agreement was not signed in good faith, you must abide by it, even if you wish for a different alimony agreement. It’s not impossible to make changes if both parties agree, but it can be difficult. That’s why you shouldn’t sign a prenup or postnup without checking it with your lawyer first. You don’t want to end up signing something you will regret later down the line.
What Can Go in a Prenup (and Postnup)?
Assets and agreements that can be included in a prenup or postnup include:
- Retirement and/or education funds that either spouse acquired before the marriage.
- Property that either party owned before they were officially married. Postnups can establish the same, but it forces a greater burden of proof.
- Property and assets that are meant for children from previous relationships.
- The promise of alimony agreements or lack thereof following a divorce.
- Promises that one or both spouses are not beholden to the debts of the other spouse.
- How any inheritance should be handled.
- How insurance and disability policies are to be handled.
What Can’t Go in a Prenup (or Postnup)?
Some assets and agreements cannot be included in a prenup or postnup. These include:
- Matters of child custody or visitation for current and/or future children.
- Child support. This is calculated and decided upon by the court, not a prenuptial agreement. You can agree to make trusts for current and/or future children.
- Day-to-day household matters. For instance, you can’t agree on who will wash the dishes on what day in a prenup agreement.
Why Should You Have a Prenuptial Agreement?
In many ways, a prenup can look like a will, but for your marriage. What you agree and promise to each other can be a sign of trust and love. To offer so much to the other person can be a positive sign of love.
- Financial Clarity: Establishing financial expectations in advance provides clarity and prevents misunderstandings. It can foster a healthier financial partnership.
- Asset Protection: A prenup safeguards individual assets, such as businesses and inheritances. It will ensure they are treated according to your wishes.
- Reduced Conflict: Clearly defined terms can minimize potential conflicts during a divorce by streamlining the process and reducing emotional stress.
- Preservation of Family Wealth: A prenuptial agreement can help protect family wealth, ensuring it remains within the family lineage in the event of a divorce.
- Business Continuity: If one spouse owns a business, a prenup can outline how the business will be handled, preserving its success and minimizing disruption.
Why Do You Need a Family Law Attorney?
Like other states, in Florida, you and your future spouse must have separate legal representation to review and sign this legal agreement. While it’s not illegal to sign without an attorney, it’s easy to create an illegal contract that won’t hold up in court if it’s not reviewed by a prenup lawyer in Orlando.
To be more precise:
- Legal Experience: Our skilled prenup lawyer in Orlando provides experience in navigating complex legal processes. They can accurately interpret and apply the laws.
- Objective Advice: Our family lawyer can offer the best possible legal advice. They also help you make informed decisions without being emotionally influenced.
- Document Preparation: Our prenup lawyer in Orlando will draft and review legal documents, ensuring they adhere to legal standards.
- Negotiation Skills: Our skilled attorney can negotiate favorable terms in matters like divorce settlements or child custody arrangements.
- Court Representation: Should you need it, your lawyer can provide representation in court proceedings. They are here to protect and advocate for their best interests.
These agreements must conform to the established Florida law, or they can be invalidated. Both parties should have copies of the prenuptial agreement before marriage to avoid invalidation.
Contact C. Alvarez Law for More Information
Prenuptial and postnuptial agreements remain touchy subjects between spouses for understandable reasons. They will continue to have bad connotations as long as they are treated as a sign of distrust. If you’re offered a prenup or want to offer a prenup, you don’t have to respond or suggest in a way that signifies a lack of trust.
But before you do that, you need a family law attorney to help you create one. Hiring an attorney to draft either a prenuptial or postnuptial helps to ensure that the agreement will not be the subject of litigation and possibly be thrown out in the event of a divorce. The family law attorneys at C. Alvarez Law have the experience you need. Contact us today.
