Many couples enter into their marriages with a prenuptial agreement in place. This agreement is meant to serve as protection in the event the marriage does not succeed and there is a divorce. The reasons for having a prenuptial vary from couple to couple. In most situations, the parties have separate assets or achievements in their lives that they want to keep as their own in the event of a divorce. Prenuptial Agreements in Florida are more complex than what most people expect.
For couples who are ready to get a prenuptial agreement, there are several questions and concerns that are raised. For one, many people are not aware of all the items a prenuptial agreement can address. It is important that both parties understand what a prenuptial agreement is and the function it serves later, in a divorce.
Secondly, the most important question is what assets do you want to specify in the prenuptial agreement to ensure they are protected? This can be a hard question to answer, as each party must agree he or she is okay with the assets the other is wanting to protect. For example, a man may want to protect the house he purchased before marriage. Or a woman who earns more than her spouse-to-be may want to protect the savings she had before the marriage. These are things that need to be addressed in the prenuptial agreement in detail.
Lastly, are you ready to sign a prenuptial agreement? When one of these agreements is prepared, one of the parties may not be on board with having a prenuptial agreement. For many, this is taken as a sign that the marriage is not going to work. There is no right or wrong answer to this question, and sometimes the wedding is postponed to determine if a prenuptial agreement is something both parties are comfortable with signing.
If divorce does occur, attacking a prenuptial agreement is often the first thing one or both spouses want to do. There are two main ways this can be done. One way is to claim duress. This basically boils down to one spouse claiming he or she was under duress when he or she signed the prenup, thus making it invalid. This may be difficult to prove, depending on the facts and circumstances.
Another way to attack is to claim there was not enough disclosure regarding assets or debts, or other financial matters. This is not as difficult to prove. For example, if one spouse did not reveal certain assets in the agreement even though they did in fact have these assets, the court may refuse to follow or apply the agreement.
If you are getting ready to get married and want a prenuptial agreement, you should work with an attorney in order to ensure the agreement is properly prepared. By working with an attorney you will greatly lower your chances of having the agreement attacked in the event of a divorce. For those going through a divorce that includes a prenuptial agreement, you will want someone on your side to fight for your needs and wants, and attack the agreement if needed. Wendy Norman has been handing divorce, prenuptial agreements and family law in general for years within Jacksonville, Florida, and she can help you as well. Going through a prenuptial agreement without legal representation is only setting yourself up for failure later.