Being engaged to be married is a uniquely exciting time in anyone’s life. It is understandable to prefer focusing on “happily ever after” during this time instead of the possibility of a future separation. Far from heralding an inevitable divorce, though, setting some ground rules for potential future disputes through a prenuptial agreement can do a lot to strengthen a new marriage.
Couples who want to establish prenups in the Sunshine State are required by law to have independent legal counsel during negotiations. A seasoned marital contacts attorney at Emmanuel Sheppard & Condon will advocate for you during this process. Schedule a consultation with a Miramar Beach prenuptial agreements lawyer today.
Basic Rules for Establishing a Premarital Contract
Florida is one of many states that has adopted the Uniform Premarital Agreement, which establishes standardized rules for drafting legally enforceable marital contracts. Under these rules, a prenup must:
- Be in writing
- Signed by both parties
- Made without either party being under duress to sign an unfavorable agreement or being uninformed about the complete financial situation of the other party
As mentioned above, both parties must also retain separate legal counsel while negotiating a prenuptial agreement in Miramar Beach. So, even if you and your spouse broadly agree on everything, you will still need to get your own attorney rather than share one. Finally, it is worth noting that prenups are not considered legally enforceable until the parties who draft them are legally married to each other. Calling off the wedding invalidates any prenuptial agreement made prior to the original wedding date.
What Can a Prenup Help With?
While prenuptial agreements can include instructions for how to handle a variety of possible marital issues, their primary purpose is to address how specific financial matters will be handled if you and your spouse divorce or separate. An experienced prenuptial agreements lawyer in Miramar Beach can help you:
- Establish who—if anyone—will pay alimony and how much they would be expected to pay
- Declare certain property and assets as separate and not eligible for equitable distribution during divorce proceedings
- Decide who will be responsible for specific debts
- Determine how jointly owned property will be managed if one spouse passes away before the other
One thing prenuptial agreements cannot do, however, is make any kind of legally binding declaration about:
- Who will pay child support
- How much child support will be paid
- What custody arrangement will be established for children produced by the marriage
While you can note in a prenup how you would prefer these matters to be handled, the final decision will always rest with a family court judge who will rule solely with the best interests of your children in mind.
Speak With a Miramar Beach Prenuptial Agreements Attorney Today
Drafting a prenuptial agreement before getting married is a good idea for many couples, especially those with complicated personal finances or valuable personal assets. That said, you can only get as much out of this process as you put into it, and that means having dependable legal representation on your side can be essential to producing an agreement that addresses your best interests.
A Miramar Beach prenuptial agreements lawyer can give you the custom-tailored guidance you need to get through this process as efficiently and effectively as possible. Call Emmanuel Sheppard & Condon today for a consultation.
