Choosing to get married is an important decision which is usually made amid an air of excitement and celebration. As the couple begins to plan for their new life together one part of their preparation may include entering into a premarital agreement which sets out certain terms for their property and future. Here are some considerations regarding Florida prenuptial agreements.
Florida Premarital (Prenuptial) Agreements
In Florida, a prenuptial agreement, or “premarital agreement” is a legal document which includes detailed decisions regarding how a couple will split their property in the event of divorce. The agreement can also contain terms regarding alimony and other financial matters. Once the couple marries, the premarital contract will go into effect. However, in order for the agreement to be enforceable, it must be in writing and both parties must sign the document. It is also required that they sign voluntarily and disclose their assets and liabilities to one another or waive the right to receive this information from the other party.
How to Create an Effective Prenuptial Agreement
· One way to ensure that your agreement will be effective is by both parties being represented by an attorney before signing the agreement. When both sides have counsel they can enter into the agreement fully informed and having had the opportunity to ask questions.
· Another manner of making sure your premarital agreement will last is to either fully disclose your assets and liabilities to one another or obtain signed written waivers of this requirement. It is vital that you adhere to this condition as any sign of deception about your assets could later end up voiding the contract.
· You also want to make sure that there is no indication that one party was coerced or tricked into signing the agreement by the other.
The bottom line is that you do not want it to appear that either party was dishonest or pressured by the other person into signing the agreement. By including counsel, obtaining written waivers as necessary, and avoiding deceitful and intimidating conduct you can help ensure that everyone’s interest is protected and that the agreement performs its intended function.
Developing a premarital agreement which serves your interest and is fair to your partner, can be complicated. You will need the advice of an experienced family law attorney in drafting a premarital agreement which will adequately address your needs now and in the future. At the Draper Firm, we have experience helping people create premarital agreements which are effective and enforceable. Contact us today to schedule a free consultation.