Prenuptial & Postnuptial Agreements in Florida
Let Our Jacksonville Family Law Attorneys Protect Your Interests
While very few people enter a marriage with the presumption that it will
end in dissolution, it is also true that over half of marriages end in
divorce. What's important to keep in mind is that once you are married, with
very few exceptions, your assets become community property. For this reason,
the state of Florida recognizes prenuptial and postnuptial agreements
as a way of protecting individual assets in the event that the marriage
fails. At Owenby Law, P.A., our Jacksonville family lawyers can help you
prepare a prenuptial or postnuptial agreement that fits your specific needs.
Learn more about your options during a
free consultation. Call us at (904) 770-3141!
The Benefits of Prenuptial and Postnuptial Agreements
Although some spouses may be offended by the thought of being asked to
sign a prenuptial agreement, it is important for couples to recognize
the practical benefits of it. What a prenuptial agreement accomplishes
in these cases is security for interested third parties. Whether you are
married or about to be married, Owenby Law, P.A. can prepare documentation
that keeps your assets and business interests under your sole control.
Here are a few reasons why you should consider a prenuptial agreement:
- It ensures that each spouse’s assets will remain intact
- It protects the security of children from previous marriages
- It ensures the continuity of business operations after a divorce
It defines what assets are marital or
- It can clarify any special arrangements between the couple
- It can establish ground rules for deciding future matters
How to Ensure Your Prenuptial Agreement is Enforceable
Florida adopted the Uniform Prenuptial Agreement Act in 2007, which has
laid out several rules regarding the legality of prenuptial agreements.
Essentially, the UPAA helps courts determine whether or not a prenup is
enforceable. The first of these rules is that the contract must be put
down in writing and signed by both spouses in order to be enforceable.
The contract would then go into effect once the couple gets married.
According to the UPAA, a prenuptial agreement would not be enforceable if:
- One spouse did not sign the prenuptial agreement voluntarily
- The contract was signed due to duress, fraud, or coercion
- The agreement was unconscionable when it was signed
Find Out How Owenby Law, P.A. Can Help – Call Now for a Free Review!
With more than a decade of experience in
family law, our firm understands how awkward a discussion about prenuptial agreements
can be with a fiancé or spouse. A contingency plan for a divorce
can be a delicate subject for any couple. If necessary, we can discuss
the need for a prenuptial agreement with you before you bring it up to
your fiancé. Knowing the facts can help you prevent an awkward
or stressful conversation.
If you are in need of advice,
please contact our firm today for a free case evaluation.