Orlando Prenuptial Agreements Lawyer
Getting married is no doubt one of the most exciting times in one’s life, and the months and weeks leading up to your wedding should be among the most romantic where nobody is thinking about divorce lawyers.
But during these days of happy anticipation, many couples find it beneficial and ultimately necessary to carve out some time to discuss future financial matters and to finalize those discussions in the form of a prenuptial agreement. At Sean Smallwood, P.A., we provide legal advice and representation regarding prenuptial agreements, as well as postnuptial agreements entered into after marriage.
Requirements for a Prenuptial Agreement in Florida
People are getting married later than in the past, thus accumulating more assets and debt before marriage, and making prenuptial agreements more attractive to protect each spouse’s interests—whether that’s retaining sole ownership of a business startup or avoiding responsibility for one spouse’s outstanding student loan debt. Discussing a prenuptial agreement also requires people to communicate about important financial issues they may have never discussed before, such as property division and alimony. By talking about the possibility of divorce and how you’d handle it in the best way possible, you may make your marriage stronger.
Regarding prenuptial agreements, Florida uses the Uniform Premarital Agreement Act (UPAA) to determine whether a prenuptial agreement is enforceable. Under the UPAA, a prenuptial agreement must be in writing and signed by both spouses. A prenuptial agreement won’t be enforceable whenever a spouse can prove:
- He or she didn’t sign the agreement voluntarily.
- The agreement was only signed because of fraud, duress, or coercion.
- The agreement was unconscionable (illegally unfair) when the couple signed it, and the spouse challenging the agreement wasn’t given a fair and reasonable disclosure of the other spouse’s financial circumstances, didn’t waive in writing the right to receive a fair disclosure of the other spouse’s assets and debts, and didn’t have or couldn’t reasonably have had knowledge of the other spouse’s financial circumstances.
If you live in the Orlando area, The Law Offices of Sean Smallwood, P.A. can help you create a legally sound prenuptial agreement that achieves your objectives, or if you’ve been presented with a prenuptial agreement, we can help ensure your rights and interests are represented fairly.
In some cases, couples see the benefit of entering a financial agreement after they are already married. For these couples, a postnuptial agreement offers the same security and transparency as a prenuptial agreement, and the same legal requirements are necessary to ensure a postnuptial agreement is enforceable in Florida. One factor that distinguishes postnuptial agreements from prenuptial agreements is that the marriage itself cannot be considered valid consideration for entering the agreement, as the marriage has already taken place. Rather, valid consideration for a postnuptial agreement may be one spouse’s duty to support the other spouse or promises regarding various rights or responsibilities of the spouses.
Learn More About Prenuptial Agreements in Florida
For more information about prenuptial agreements in Florida, please contact The Law Offices of Sean Smallwood, P.A. in Orlando. We care about our clients, and we want to help you achieve your goals.