Life changes unexpectedly, and a happy marriage can turn sour, leaving you with the daunting task of dividing assets and settling disputes. A prenuptial agreement attorney in Orlando can help safeguard your investments and protect your rights before you get married.
At Resolute Divorce Law, we know that discussing a prenuptial agreement is uncomfortable and may seem like planning for failure. However, with the divorce rate at 1 in 2 for first-time marriages and even higher for second and third ones, it is important to have a plan in place in case things don't work out as hoped.
Call (407) 362-5445 for your personalized strategy session with one of our compassionate family law attorneys. With our help, you can start your marriage with a solid foundation of respect for each partner's individual rights and assets.
Why Choose Our Orlando Prenuptial Lawyers?
Compassionate legal guidance in a safe space. We Are Resolute.
We understand that discussing a prenuptial agreement is very difficult and emotional. Our team of prenuptial attorneys in Orlando provides a safe and compassionate space for you to discuss your concerns, goals, and wishes.
Our family law attorneys have extensive experience drafting prenuptial agreements tailored to each couple's unique needs and circumstances. We will ensure that your agreement complies with Florida law and is fair for both parties.
Whether protecting a family business or personal assets or ensuring fair distribution of property and spousal support, our prenuptial attorneys in Orlando will work tirelessly to safeguard your investments and future.
Do I Need a Prenuptial Agreement?
Everyone's situation is different, and there is no one-size-fits-all answer to this question.
However, if you have any of the following concerns or goals, consider a prenuptial agreement:
- You or your partner have significant assets such as real estate, businesses, investments, or inheritances.
- You want to protect your separate property, such as assets acquired before the marriage.
- One partner has a significantly higher income or earning potential than the other.
- You want to secure your children's inheritance from a prior marriage.
- You have concerns about future financial stability due to debt, bankruptcy, or career changes.
A prenuptial agreement can address these concerns and provide clarity and security for both partners in case of a divorce.
How to Write a Prenuptial Agreement
Florida courts often deem self-drafted prenuptial agreements invalid, leaving both parties vulnerable in a divorce.
That's why it is vital to work with experienced prenuptial agreement lawyers who can ensure your contract is legally binding and protects your best interests.
However, just because you might need a Resolute family law attorney to draft your prenuptial agreement doesn't mean you shouldn't prepare yourself beforehand.
Here are some things to consider when speaking to your attorney about drafting a prenup:
- Fair and reasonable disclosure from both partners, including assets, debts, and income.
- Discuss expectations for spousal support and property division in the event of a divorce.
- Ensure that both parties clearly state and understand any provisions or clauses.
- Consider future scenarios and how they may impact the agreement (i.e., children, change in career or income).
Depending on the complexity and uniqueness of your situation, you might have to consider even more factors.
No matter your circumstances, our prenuptial agreement attorneys in Orlando will help guide you through the process and ensure that your agreement is legally sound and fair for everyone involved.
What Cannot Go Into a Prenuptial Agreement in Orlando, FL?
While a lot can go into a prenup in Florida, there is a lot that cannot. Barred provisions protect certain rights and laws that prenuptial agreements cannot waive or alter.
Some examples of what cannot go into a prenup include:
- Child support: A prenuptial agreement cannot dictate or waive future child support obligations.
- Illegal activities: Any provisions that encourage unlawful activities are automatically deemed invalid.
- Personal matters: Prenups cannot include personal or private matters, such as the number of times a couple has sex or who is responsible for household chores.
- Custody and visitations: Any agreements related to child custody or visitation are not enforceable in a prenuptial agreement.
- Waiver of temporary alimony: Florida law allows one party to waive their right to receive alimony, but not temporary alimony or court fees resulting from divorce proceedings.
Understanding what can and cannot be included in a prenup is crucial to ensuring that your agreement is valid and enforceable.
Our knowledgeable prenuptial attorneys at Resolute Divorce Law can help you navigate these complexities and create a comprehensive agreement that protects your rights and assets.
Prenuptial Agreement Rules
Florida statute §61.079 outlines specific requirements that ensure the validity and enforceability of a prenuptial agreement. The statute itself is complex, which is why you need an experienced prenuptial attorney who can guide you through the process.
You must place the prenuptial agreement in writing.
In Florida, only written prenups are considered legally binding. This means that no video, verbal, or text agreements will be valid in court.
Both parties must sign it voluntarily and without duress.
Future newlyweds must both sign the prenuptial agreement to validate it. It is also recommended that both parties have independent legal counsel during the drafting and signing process.
Both parties must agree willingly and without pressure or force from the other. If one party can prove that they signed under duress, the entire agreement is unenforceable.
It cannot be unconscionable.
A prenuptial agreement cannot be grossly unfair to one party or contain unconscionable provisions. This means that the agreement must not greatly favor one party over the other or include illegal or unjust terms.
The parties must execute the agreement before marriage.
Prenuptial agreements are only valid if signed and executed before legal marriage occurs. It may invalidate the document if signed after marriage, leaving spouses vulnerable during divorce proceedings.
Why Do I Need an Orlando Prenuptial Attorney?
Family law attorneys at Resolute Divorce Law understand what it takes to create a prenuptial agreement that meets all legal requirements and protects your rights. We have also seen what happens when couples-to-be refuse to think about the possibility of a divorce and don't draft a prenup.
By working with our legal team, you can trust that your agreement will be fair, comprehensive, and enforceable in the event of a divorce, saving you from:
- Long, costly court battles
- Emotional turmoil and stress during an already difficult time
- Legal complications and disputes over the validity of the agreement.
- Missing filing deadlines or legal requirements that could render the agreement invalid.
- Unfair distribution of marital property, leaving one party with little to nothing in the end.
In addition, our attorneys can also recommend additional clauses or considerations specific to your situation to ensure your prenuptial agreement covers all potential scenarios.
Prenup and Postnup: What You Need To Know
Some couples may draft a prenuptial agreement prior to marriage, while others may opt for a postnuptial agreement after they have already tied the knot.
Some of the reasons people choose to draft postnuptial agreements include:
- One spouse was hesitant or unwilling to sign a prenup before the wedding.
- Changes in circumstances, such as starting a business or inheriting assets, prompt the need for an agreement.
- Couples realize the importance of protecting their assets and rights after experiencing marital strife.
- One partner takes a career sabbatical, and the other spouse wants to ensure their financial security if the stress causes a breakdown in the marriage.
- One partner accrues a massive debt or makes a risky investment, and the other wants to avoid being liable for it in the event of a divorce.
- A safeguard during trial separation is to protect property and provide for alimony.
Florida courts often invalidate postnuptial agreements. They believe that once the parties marry, there's more pressure to sign, and the agreement is no longer voluntary.
Additionally, if selfish partners don't disclose their assets and financial positions as required by law, postnuptial agreements become generally unenforceable. As a result, both partners will go through the mess, frustration, and confusion that comes with divorce proceedings.
Prenuptial agreements drafted by our Resolute Divorce Law attorneys can help avoid the full scope of these hassles.
Domestic Partnerships and Orlando Prenuptial Agreements
Florida law only recognizes prenuptial or postnuptial agreements for legal marriages, not domestic partnerships. This means that couples in domestic partnerships should consider drafting a cohabitation agreement instead to protect their rights and assets.
Cohabitation agreements are a little different than prenups. They provide similar protections and are subject to the same laws but are drafted for domestic partnerships rather than marriages.
Our Orlando family law attorneys have experience drafting marital or domestic contracts, including prenuptial and postnuptial, cohabitation, and separation agreements.
Common Myths About Prenuptial Agreements
Prenuptial agreements are often misunderstood and surrounded by myths that prevent couples from considering them before marriage.
Some common misconceptions include:
- Prenups are only for wealthy individuals. A prenuptial agreement can benefit anyone who wants to protect their assets or rights in the event of a divorce.
- It means you don't trust your partner. Prenups are simply a legal safeguard and do not reflect the level of trust in a relationship. Just like other legal documents, they are meant to protect both parties.
- It's all about divorce. While prenuptial agreements cover what happens in the case of a future divorce, they can also include provisions for other situations, such as death or disability.
- It's too late to get a prenup after marriage. While it is ideal to have a prenuptial agreement before marriage, couples can still draft a postnuptial agreement after marriage if they meet the necessary legal requirements.
Don't let these myths stop you from considering a prenuptial agreement. Contact Resolute Divorce Law to learn how Our Orlando family law attorneys can help you protect your future.
Our Practice Areas
Resolute Divorce Law provides compassionate, comprehensive legal services for a variety of family law matters.
Our practice areas include:
- Complex Divorce Litigation
- Contested Divorce
- Uncontested Divorce
- Alimony
- Post-Judgement Enforcement
- Child Custody
- Child Relocation
- Division of Assets and Debts
Working with a prenuptial agreement attorney from our team is only one of the many ways our law firm can support you during life's most important and trying moments.
Click the Contact button below to safeguard your family's future from unforeseen events.
Frequently Asked Questions
What is the Uniform Premarital Agreement Act?
The Uniform Premarital Agreement Act (UPAA) is a set of laws that govern prenuptial agreements and their enforcement in the United States. It sets out requirements for what must be included in an agreement and what can make it unenforceable.
Can I change or update my prenuptial agreement after marriage?
Yes, you can change your prenuptial agreement after marriage, but you'll need the help of a family law attorney who understands Florida's laws.
How do I know if a prenuptial agreement is right for me?
Deciding whether or not to get a prenuptial agreement is a personal decision that both parties should carefully consider. Consulting with an experienced prenuptial agreements attorney can help you understand the benefits and potential risks.
What happens if we do not have a prenuptial agreement?
If you do not have a prenuptial agreement, Florida's laws will determine the distribution of assets and liabilities. This may result in an unfair or unfavorable outcome for one or both parties.
Is a prenuptial or postnuptial agreement better?
A prenuptial or post nuptial agreement has its own benefits and drawbacks, so the choice ultimately depends on each couple's individual circumstances. However, prenups give couples a greater degree of control and certainty than postnuptial agreements since they are agreed upon before the marriage takes place.
Can I protect assets from a prior marriage with a prenuptial agreement?
Yes, prenuptial agreements can protect assets from a prior marriage. This is one of the common reasons why people choose to get a prenup. It can help ensure that their assets from a previous marriage are not at risk in the event of a divorce or other unforeseen circumstances.
Will a prenuptial agreement protect my business?
Yes, a prenuptial agreement can protect your business assets in the event of a divorce. You can ensure that your hard work and investment are protected by outlining how the business will be handled, including its valuation and division.
What should go into an Orlando prenuptial agreement?
The most crucial elements of a prenuptial agreement are instructions for debt, marital assets, and property division. Additional provisions may include spousal support payments, the division of business interests, and how to handle any future changes to the agreement.
An experienced Orlando prenuptial agreement attorney can explain what should go into your agreement and ensure it is legally binding.
Safeguard Your Future With a Prenuptial Agreement Attorney From Resolute Divorce Law
As uncomfortable as it may be to think about, it's essential to plan for the worst-case scenario when it comes to your marriage. With prenuptial agreements signed before marriage, you can protect yourself and your assets from potential harm in the event of divorce, death, or disability.
Before you tie the knot, call Resolute Divorce Law at (407) 362-5445 for a personalized strategy session with our experienced family law and prenuptial agreement attorneys.