A prenuptial agreement determines the division of a couple’s assets in the event of a divorce, before they actually marry. These agreements are important for couples with extensive assets before the marriage, and these agreements need to be drafted with great care to protect each spouse. These agreements can provide guidelines on a number of topics that are important to the couple, such as:
A prenuptial agreement cannot be used to decide child custody or child support. Child support rights belong to the child, and parents cannot bargain the rights before the divorce. Support must be decided based on the current needs of the child at the time of the divorce, not before the marriage.
In order for a prenuptial agreement to be honored in a divorce, it must be valid according to Florida laws. To meet the requirements, a prenuptial agreement must:
A prenuptial agreement can only protect both parties if it is valid. It is important to ensure that your agreement will stand up to all the intricacies of the law. An experienced family law attorney can help you draft an appropriate agreement, and help you understand the implications of the agreement.
Many couples chose a prenuptial agreement to protect them against the fight over assets during a divorce. If one or both spouses have a high net worth, a business, or other property they wish to protect in the event of a divorce, this agreement can be important in helping them preserve their assets. One spouse may own a home or have interest in a family business, which can be difficult to divide later if the marriage ends.
A prenuptial agreement can allow couples to also have full financial disclosure before the marriage and understand each other’s financial state. Because of the discussion that goes into a prenuptial agreement, couples can learn about their finances and how their partner approaches financial matters before the marriage occurs. This can provide needed information and allow the couple to decide together how to handle their assets as a team.
For couples marrying later in life, a prenuptial agreement can be a valuable protection. Couples who are marrying again, have children from a previous marriage, or have other considerations may benefit from outlining the division of assets before they marry. A prenuptial can make the process of divorce easier and may prevent painful arguments later.
It is crucial to have qualified legal representation when drafting a prenuptial agreement. A skilled Altamonte Springs family law lawyer will know how to word your agreement to resist challenges and can ensure your agreement follows all laws that may affect the interpretation in divorce proceedings. They can also help you negotiate for your interests to ensure you are satisfied with the terms.
The Law Office of Russell S. Hershkowitz, L.L.C. can help you prepare for and draft a prenuptial agreement with your partner. With over 25 years of experience in family law services, Attorney Hershkowitz has helped many clients prepare for their marriage with fair prenuptial agreements. He focuses on providing counsel to individuals who are financially disadvantaged to their partner to ensure they receive appropriate terms in their agreement.
Contact our firm at (407) 753-4111 to schedule a free consultation. We proudly serve the residents of Orange, Seminole, Volusia, and Lake Counties.