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Prenuptial Agreements

Orange Park Prenuptial Agreement Attorney

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When you are planning to get married, it is often difficult to think about the possibility of divorce. However, the reality is that many marriages do end in divorce and it is always a good idea to protect yourself and your assets from a potentially contentious process. Many people in Orange Park and the surrounding areas have discovered the benefits of drafting a prenuptial agreement, which can protect their financial interests.

Though it may seem like a difficult conversation to have, a prenuptial agreement can provide peace of mind for both you and your future spouse. At Owenby Law, P.A., our Orange Park prenup lawyers have helped many clients draft and execute prenuptial agreements that protect their rights and assets.


Call (904) 263-5759 or contact us online to discuss how a prenuptial agreement can help you.


What is a Prenuptial Agreement?

A prenuptial agreement is a contract between two people who are planning to get married. The contract outlines the division of property and assets, as well as the rights of each party, in the event of a divorce. In some cases, a prenup may also include provisions for spousal support, child custody, and other family law matters.

What Are the Benefits of a Prenuptial Agreement?

A prenuptial agreement can provide a variety of benefits for both parties. While no one enters into a marriage planning to get divorced, it is always a good idea to protect yourself and your assets if something goes wrong in your relationship.

There are several benefits to drafting a prenuptial agreement, including:

  • Protecting your assets: If you have significant assets, a business, or other property, a prenup can protect these assets in the event of a divorce.
  • Protecting your debts: A prenuptial agreement can also protect you from your spouse’s debts, which can be especially important if your spouse has a poor credit history or significant student loan debt.
  • Protecting your estate: If you have children from a previous relationship, you can use a prenup to protect your estate and ensure that your children receive the assets that you want them to have.
  • Protecting yourself from spousal support: In a prenuptial agreement, you may be able to waive your right to spousal support in the event of a divorce.
  • Protecting yourself from a contentious divorce: By outlining the division of property and other family law matters in a prenup, you can help prevent a contentious divorce.
  • Protecting your privacy: If you do get divorced, a prenuptial agreement can help keep the details of your divorce private, which can be especially important if you are a high-profile individual or have a high net worth.

Remember, a prenuptial agreement cannot address certain issues, such as child custody and child support. These are determined according to the best interests of the child and cannot be addressed in a prenup.

How to Create a Prenuptial Agreement in Orange Park

Creating a prenuptial agreement is a multi-step process. The first step is to have a discussion with your future spouse about whether or not you would like a prenup. If you both agree that a prenup is a good idea, you must then draft the agreement.

The following steps outline how to create a prenuptial agreement:

  1. Talk to your future spouse: Discuss the possibility of drafting a prenuptial agreement with your future spouse. You should be open and honest about your reasons for wanting a prenup and answer any questions that your future spouse may have.
  2. Hire an attorney: Each party should have their own attorney to help draft and review the prenuptial agreement. An attorney will ensure that your rights are protected and that the agreement is enforceable.
  3. Make a list of assets and debts: You will need to provide a list of your assets and debts to your attorney, who will help you determine what should be included in the prenup.
  4. Draft the agreement: Your attorney will help you draft the prenuptial agreement, including all of the necessary provisions.
  5. Review and revise the agreement: You and your future spouse must review the prenuptial agreement and make any necessary revisions.
  6. Sign the agreement: Both parties must sign the prenuptial agreement in front of a notary public.
  7. Store the agreement: Make sure you keep a copy of the agreement in a safe place, such as a safe deposit box or a fireproof safe.

Once you are married, the prenuptial agreement will go into effect. If you do get divorced, the agreement will be enforced by the court.

Can You Create a Prenuptial Agreement After Marriage?

Yes, you can create a prenuptial agreement after marriage. In fact, many couples decide to create a postnuptial agreement, which is similar to a prenup but is created after the couple is married.

There are many reasons why a couple may decide to create a postnuptial agreement. For example, if one spouse starts a business after the couple is married, a postnup can protect that business in the event of a divorce. A postnuptial agreement can also be used to address other family law matters, such as child custody and spousal support.

Do You Need a Lawyer for a Prenuptial Agreement?

While it is possible to draft a prenuptial agreement on your own, it is highly recommended that you hire a lawyer to help you. Prenuptial agreements are complex legal documents and must be drafted in a very specific way to be enforceable in court.

Some of the reasons why you should hire an attorney to help you draft a prenup include:

  • An attorney can help you understand the benefits and drawbacks of a prenuptial agreement: An attorney can help you understand the benefits and drawbacks of a prenuptial agreement in the context of your specific situation.
  • An attorney can help ensure that the agreement is enforceable: An attorney can help you draft an enforceable prenuptial agreement that will be upheld by the court in the event of a divorce.
  • An attorney can help protect your rights: An attorney will help protect your rights and ensure that the agreement is fair to you.
  • An attorney can help you avoid costly mistakes: If you try to draft a prenup on your own, you could make a mistake that could cost you a significant amount of money in the future. An attorney can help you avoid these costly mistakes.
  • An attorney can help you understand the terms of the agreement: An attorney can help you understand the terms of the agreement so that you can make an informed decision.
  • An attorney can help you negotiate the terms of the agreement: If you and your future spouse disagree on the terms of the prenup, an attorney can help you negotiate an agreement that works for both parties.

Choose a Reputable Prenup Lawyer in Orange Park, FL

At Owenby Law, P.A., we understand that drafting a prenuptial agreement can be a difficult and emotional process. Our Orange Park prenup attorneys are here to help you every step of the way. We will take the time to understand your goals and help you draft an agreement that works for you and your soon-to-be-spouse.


Call us today at (904) 263-5759 or contact us online to schedule a consultation with one of our prenup lawyers in Orange Park.


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