Prenuptial and postnuptial agreements provide clarity and protection for couples regarding asset division and financial responsibilities. A premarital-postmarital agreements lawyer at Lebron Law, PLLC can help you draft a fair and comprehensive agreement tailored to your needs. Safeguard your future together Reach out today at (321) 800-5195 to discuss your prenuptial or postnuptial options!
Are you and your partner contemplating a premarital or postmarital agreement in Kissimmee, FL? If so, you may be worried about how it could affect your relationship. However, premarital and postmarital agreements can be valuable tools to encourage open discussions and avoid future issues.
We understand the sensitive nature of entering into a pre- or post-marital agreement. Our Kissimmee family lawyer will explain your rights under Florida law and answer your questions. We want to help you and your spouse or partner draft an agreement that accomplishes your goals.
Contact our law office to schedule a confidential consultation with a Kissimmee premarital and postmarital agreements attorney.
How Can Lebron Law, PLLC Help With Premarital and Postmarital Agreements in Kissimmee, FL?
Contrary to common belief, premarital and postmarital agreements can contain terms that protect both parties. Additionally, it’s not just wealthy individuals who enter into these agreements. Anyone can use these instruments to indicate how they wish to handle various issues should their marriage end.
Because marital agreements are considered legal contracts, they must meet specific requirements under Florida law. That makes it essential to work with a knowledgeable Florida family law attorney who knows how to draft an enforceable agreement.
The legal team at Lebron Law, PLLC provides assertive and compassionate legal representation. We have 10 years of combined experience and pride ourselves on providing high-quality services.
If you hire us for help with a premarital and postmarital agreement in Kissimmee, Florida, we will:
- Facilitate honest conversations between you and your partner to identify your objectives
- Draft an agreement that meets both state requirements and your goals
- Ensure that we address all relevant topics that are important to your family to avoid future conflicts in the event of divorce
- Communicate with your partner’s lawyer if they are separately represented during the process of drafting the agreement
- Review a premarital and postmarital agreement drafted by another attorney (if applicable) to determine whether it’s equitable
Even if you don’t know whether you actually want to enter into a marital contract, you should speak to an attorney. You want to ensure that you fully understand your rights. Contact our Kissimmee marital agreement lawyer today for guidance.
What Is a Premarital Agreement in Florida?
A premarital agreement (also known as a prenup) is a formal contract entered into by prospective spouses before they marry. It becomes effective upon the couple’s marriage.
Florida’s Uniform Premarital Agreement Act outlines the requirements of a premarital agreement and what can and cannot be included. For one, the agreement must be in writing, and both parties must voluntarily sign it.
A Florida premarital agreement can include provisions regarding:
- Each party’s obligations and rights with respect to separate and marital property
- Each party’s right to buy, use, sell, exchange, transfer, or otherwise control or manage property
- How the parties will divide or dispose of property upon separation, divorce, or death
- Spousal support
- Estate planning matters, including the making of a will or trust
- Beneficiary designations on life insurance policies for death benefits
- Which jurisdiction’s law governs the agreement
- Any other relevant issues, as long as they do not violate public policy or criminal law
Most times, a couple uses a premarital agreement to address matters related to property division. That could include terms regarding debts, real estate, personal property, income, retirement accounts, businesses, and more. This requires a full financial disclosure from both parties.
The couple typically outlines all their assets and debts, defines what will be considered separate versus marital property, and describes how property will be divided in the event of divorce.
It’s important to note that a premarital agreement cannot negatively impact a child’s rights. Issues related to children, including child support and child custody, are decided based on the best interests of the child. Any terms that are not in the child’s best interests will be deemed unenforceable by a court.
Our Kissimmee premarital agreement lawyer can help you work out the issues that are important to you and your family.
What Is a Postmarital Agreement in Florida?
A postmarital agreement is very similar to a premarital agreement, except it is executed after the couple marries. It can provide the same kinds of protection to each party.
You may wonder why couples decide to enter into a postmarital agreement; here are several reasons:
- The couple didn’t initially want a premarital agreement but simply changed their mind after marrying
- One spouse starts their own business and wants to avoid confusion regarding the entity’s assets and liabilities
- The spouses acquire high-value property and want to indicate how it will be divided in the event of divorce
- A spouse receives a large inheritance or salary increase
- The parties experience a rough patch in their marriage and want to address things like alimony
Whether the circumstances have changed or you had a change of heart, a postmarital agreement may be a good option for you and your partner. Contact our Kissimmee postmarital agreement lawyer for help deciding the best path forward.
Do I Need a Marital Agreement in Florida? What Are the Benefits?
Whether you need (or want) a marital agreement depends entirely on your unique situation and goals.
Florida is an equitable distribution state. So, if you and your spouse decide to dissolve your marriage, you’ll have to agree on how to divide your property. If you cannot reach an agreement, the court will consider various factors to determine what is “equitable,” which doesn’t always mean equal.
During the divorce process, couples often disagree on what is considered marital versus separate property. They may also fight over alimony and other financial matters. Accordingly, it’s beneficial to work out those issues now rather than waiting until you’re going through a possibly contentious divorce. If the court has to decide for you, you may be very unhappy with the results.
You can prevent that unfavorable outcome by entering into a premarital agreement and a postmarital agreement. In that case, you and your spouse will receive what you bargained for, making the process much quicker, easier, and reflective of what you want.
The Benefits of a Marital Agreement
Pre- and post-marital agreements can be beneficial in various ways, including:
- They encourage transparency and financial disclosure between couples
- They can help you protect premarital property and assets
- They allow parties to define and lay out how they will divide marital and separate property in the event of divorce
- They allow a spouse who stays home to raise children to bargain for financial security
- They can outline what happens if either spouse dies, including providing for children
- They can prevent a contested divorce, alleviating stress and saving the parties considerable money
- If one party has debts in their name, the agreement can discuss how their liabilities will be handled, giving their partner peace of mind
Call our experienced family law attorney in Kissimmee for assistance with an agreement. We will help you determine whether this option is right for you and your partner.
What Can Make a Marital Agreement Unenforceable in Florida?
If a spouse challenges the validity of a marital agreement and can prove any of the following, a judge will likely deem it unenforceable:
- The challenging party did not voluntarily execute the agreement
- The agreement resulted from coercion, duress, fraud, or overreaching
- The agreement was unconscionable, and the challenging party didn’t receive (or waive the right to receive) reasonable disclosures of the other party’s property or financial obligations
Additionally, if the agreement is lacking the proper formalities, it could be rendered invalid. For example, if one of the parties did not review and sign the agreement, a court will not enforce it.
In some cases, the entire agreement will be unenforceable; in others, only certain provisions will be. It’s crucial to consult an attorney when working out the terms of an agreement. You want to ensure that you get it right to avoid future problems.
Contact Our Kissimmee Family Law Attorney To Discuss a Premarital or Postmarital Agreement
Do you need help with a premarital and postmarital agreement in Kissimmee, Florida? Whether you are unsure of how to proceed or you want legal advice before you sign an already-drafted agreement, Lebron Law, PLLC is here to assist. Contact our family law firm in Kissimmee for an initial consultation to learn more.
Visit Our Family & Divorce Law Firm in Kissimmee, FL
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741, United States
(321) 800-5195
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