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 community property
  • 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.