About Prenuptial Agreements
No one enters into a marriage thinking it’s going to fail. But, there is a world of difference between planning to divorce and planning for divorce. The fact is that many marriages today do end with the parties going their separate ways. We’ve found that having a robust prenuptial agreement in place can minimize the stress and frustration spouses may feel if and when that time comes.
We understand that this is not an easy topic to bring up with a spouse-to-be, much less discuss in detail. But, there is simply no substitute for the security and peace-of-mind that a bit of sound financial planning provides. That is what a well-drafted prenuptial agreement does.
Many prospective spouses who would benefit from a prenuptial agreement don’t even know why they may need one. This is probably due to the many common misconceptions that exist about prenuptial agreements and the way that they work.
First, let’s do away with the notion that only wealthy people need prenuptial agreements. Nothing could be further from the truth. Anyone with assets that they want to protect can benefit from the protection that a well-crafted prenuptial agreement provides. This category includes, but is not limited to, homeowners, business owners, retirees on a pension, and owners of intellectual property like patents, copyrights or trademarks.
Under Florida law, a prenuptial agreement is completely enforceable as long as it satisfies certain requirements. For example, it must be in writing and signed by both spouses, without coercion or duress, after full disclosure of their finances. And it must be fair. As long as these conditions are met, even a prenuptial agreement that seems to be tilted greatly in one spouse’s favor will generally be upheld by the court in a divorce case.
We have seen the popularity of prenuptial agreements surge recently as more and more people are convinced of their benefits. Having the right lawyer on your side can mean the difference between a valid prenuptial agreement that protects your rights, and an unenforceable contract that isn’t worth the paper it’s printed on.
Call us at (954) 430-1868 to schedule your initial consultation with Prenuptial Agreement Lawyer Andrew Foster so that you can learn more about your rights and options.