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Prenuptial Agreements

Jacksonville Prenuptial Agreement Attorneys

Protect Your Best Interests with a Prenup

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 agreements as a way of protecting individual assets in the event that the marriage fails.

At Owenby Law, P.A., our Jacksonville prenuptial agreement lawyers can help you prepare an agreement that fits your specific needs.

Learn more about your prenup options during a free initial consultation. Call us at (904) 770-3141.

Should I Get a Prenup?

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. A prenuptial agreement ensures that you and your soon-to-be spouse are on the same page. This can actually help strengthen the bond between you two; the idea that a prenup wrecks a marriage is simply a popular misconception.

In addition, a prenuptial agreement accomplishes 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.

The Benefits of Prenuptial Agreements

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; and
  • It can establish ground rules for deciding future matters.

What to Include in a Prenuptial Agreement

When considering a prenuptial agreement, it is important to understand what can and cannot be included in the document.

While each agreement is unique and tailored to the specific needs of the couple, there are some common elements that may be included:

  • Division of assets and debts
  • Protection of individual property and assets acquired before the marriage
  • Alimony or spousal support
  • Business ownership and intellectual property rights
  • Inheritance rights

It is important to work with an experienced Jacksonville prenuptial agreement attorney to ensure your agreement is legally sound and enforceable. At Owenby Law, P.A., we can help you craft a prenuptial agreement that protects your best interests and provides peace of mind for your future marriage.

How to Ensure Your Prenup Is Enforceable

Florida adopted the Uniform Prenuptial Agreement Act (UPAA) in 2007, which 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; or
  • The agreement was unconscionable when it was signed.

Common Misconceptions About Prenuptial Agreements

There are many misconceptions surrounding prenuptial agreements, which can often deter couples from considering this important legal document. It's essential to have a clear understanding of what a prenuptial agreement entails and how it can benefit you and your future spouse.

Here are some common misconceptions about prenuptial agreements:

  • Prenups are only for the wealthy: Prenuptial agreements are not just for individuals with significant assets. They can be beneficial for anyone who wants to protect their personal property, business interests, or ensure financial security in the event of a divorce.
  • Prenups are unromantic: While discussing a prenuptial agreement may not be the most romantic conversation, it is a practical and responsible step to take before entering into marriage. It can help establish open and honest communication about financial matters, which is crucial for a strong and healthy relationship.
  • Prenups mean a lack of trust: Creating a prenuptial agreement does not imply a lack of trust in your partner. It is simply a legal document that outlines how assets and debts will be divided in the event of a divorce. It can provide both parties with a sense of security and peace of mind.
  • Prenups are only for divorce planning: While prenuptial agreements do address the division of assets in the event of a divorce, they can also include provisions for spousal support, inheritance rights, and other important matters. They can serve as a roadmap for the financial aspects of your marriage.

At Owenby Law, P.A., our Jacksonville prenup attorneys can guide you through the process of creating a comprehensive and enforceable prenuptial agreement.

Prenups: Commonly Asked Questions

Are prenuptial agreements only for the wealthy?

No, prenuptial agreements are not only for the wealthy. They can be useful for anyone who wants to protect their assets or business interests in the event of a divorce.

Can a prenup be changed after the wedding?

Yes, a prenuptial agreement can be changed after the wedding with the written agreement of both spouses. It is important to work with an attorney to ensure any changes are legally valid.

What if one spouse does not disclose all their assets?

If one spouse does not fully disclose their assets in the prenuptial agreement, it could result in the agreement being voided. It is important for both spouses to fully disclose all assets to ensure the agreement is legally binding.

Can a prenup address child custody and support?

No, a prenuptial agreement cannot address child custody or child support. Those decisions are made based on the best interests of the child at the time of the divorce.

Do both spouses need their own attorney for a prenup?

No, both spouses do not need their own attorney to create a prenuptial agreement. However, it is recommended to ensure that both spouses understand the agreement and that it is fair and legally enforceable.

Find Out How Owenby Law, P.A. Can Help

With more than 20 years 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. Call our prenup lawyers in Jacksonville, FL today.

If you are in need of advice, please contact our firm online for a free initial case evaluation.

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