What Things Should I Consider Before Signing a Premarital Agreement?
No one wants to think about divorce before they have even gotten married, but it is important to think about protecting your rights and your assets before tying the knot. Premarital agreements are not thought of as the romance killers they once were, and many more couples are realizing the benefits they provide. If you are considering a premarital agreement before getting married, below are four factors you need to consider first.
Premarital Agreements Do Not Affect Child Custody or Support
Florida law dictates that matters regarding child custody and support cannot be included in a premarital agreement. When they are, the agreement is likely to be deemed invalid and unenforceable by the courts. Florida law also outlines very specific requirements for child custody and child support. In the event of divorce, any disputes that arise regarding child custody or support must be negotiated and settled, or decided on during litigation.
All Parties Must Disclose All of Their Assets
Before creating and signing a premarital agreement, each party must provide a complete list of their assets which should include pensions, bank accounts, investments, and more. Most people sign a premarital agreement to protect their separate assets in the event of divorce. When one party has not fully disclosed all of their assets, the agreement will likely be deemed unenforceable.
You Must Sign Your Premarital Agreement Prior to Your Marriage
It is true that couples are able to sign a postnuptial agreement after they have been married. However, when an agreement is signed prior to marriage, it is best when it is signed several months before the marriage. When a premarital agreement is signed moments before the wedding, one party may state that they were under duress when they signed it. This accusation can also make a premarital agreement deemed unenforceable.
You Should Enlist the Help of a Family Lawyer
Clearly, there are many reasons why premarital agreements are deemed unenforceable and thrown out of court. When this is the case, a premarital agreement will not provide the protection either party hopes for. A family lawyer will know the challenges that are involved with a premarital agreement and how to overcome them. A lawyer will also understand your legal rights, and the legal requirements necessary when creating one. When working with a lawyer, you can rest assured that your premarital agreement will protect you now and in the future, and that the court will deem it enforceable.
Call Our Florida Family Lawyers Today for Help with Your Prenup
Premarital agreements are becoming more common today because couples often have more assets they want to protect and they know the benefits a prenup will bring. However, these benefits can only be realized if the premarital agreement is deemed enforceable by the courts. At All Family Law Group, P.A., our knowledgeable Tampa family lawyers know how to draft premarital agreements that provide the protection you need and that the courts will uphold. Call us today at (813) 672-1900 or fill out our online form to schedule a free consultation.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
