Orlando Prenuptial & Postnuptial Agreement Lawyer
Just as marriages are legal contracts, so too are prenuptial and postnuptial agreements. For every divorce, there are specific terms that must be resolved in accordance with state law. If, however, the married couple has a valid prenuptial or postnuptial agreement in place, the terms it addresses will be resolved accordingly – doing away with a good deal of uncertainty in the process. A prenup can provide you with the peace of mind that comes from knowing how primary financial concerns will be resolved in the event your marriage ends in divorce, which can – ultimately – help strengthen your relationship. If you’re already married and face similar financial concerns, a postnup might be in order. Whatever your situation, reaching out to an experienced Orlando prenuptial and postnuptial agreement lawyer to discuss your best options is always to your advantage.
The Distinction between Prenuptial and Postnuptial Agreements
The only difference between prenuptial and postnuptial agreements is when they are created and executed. Consider the following:
- Prenuptial agreements are the more traditional approach, and they are created prior to marriage but go into effect when the couple marries.
- Postnuptial agreements are created during the marriage itself, and they go into effect after the contract is signed by both spouses.
When valid, the determinations included in these contracts guide the terms of divorce they address.
The Divorce Terms Addressed
Every prenuptial agreement is unique to the couple involved, but the terms that couples tend to address in their prenuptial and postnuptial agreements include the following:
- How their marital property will be divided
- Whether alimony will play a role, and if so, the terms that will be implemented
- How assets such as retirement accounts and life insurance policies will be addressed
- The matter of keeping separate property separate and how these properties will be distributed between the divorcing spouses
It’s also important to note what prenuptial and postnuptial agreements cannot address, including:
- Child custody arrangements, which are always based on the best interests of the children at the time of the divorce and cannot be determined ahead of time.
- Child support calculations – unless the terms included in the prenup or postnup exceed Florida’s financial guidelines on the matter.
Coming Clean Financially
In order for a prenuptial or postnuptial agreement to be binding, both parties must engage in full financial disclosure. In light of the fact that many divorces are predicated on financial concerns, this transparency can bolster the marriage. The legal basics when it comes to financial disclosure in relation to prenups and postnups include the following:
- Each spouse is entitled to the fair disclosure of the other’s financials.
- A situation in which one spouse didn’t have or reasonably couldn’t have had full knowledge in relation to the other’s financials can void enforceability.
The Motivation behind Prenuptial Agreements
Every couple has their own personal reasons for entering into a prenuptial or postnuptial agreement, but most of these reasons fall into one of several basic categories.
Protecting Separate Assets
When a couple marries young, they tend to have similar resources, and there is little reason to distinguish what belongs to whom. When a couple’s finances are less balanced, however, the stakes are higher. While any separate property that either of you owns prior to marriage and keeps strictly separate throughout your marriage will remain separate, this can be difficult to achieve in practice. As such, having a prenuptial agreement that lays the ground rules in relation to separate assets can pave the way for a smoother marriage that affords considerable financial protections in the event of divorce.
Addressing Significant Debt
Many couples who face an imbalance in terms of debt turn to prenuptial agreements to help level the playing field. In fact, many couples are taking a closer look at prenups in response to the fact that serious student loan debt is becoming increasingly common. Prenuptial agreements can help maintain the separate nature of debt in the event the marriage ends in divorce.
Avoiding a Nasty Divorce
We’ve all seen too many divorces that escalate into all-out battles in which no holds are barred, no one wins, and privacy vanishes. While no one enters into marriage anticipating a divorce, there’s no denying that they do happen. This can make a prenup – which helps pave the way toward a smoother divorce without the knock-down-drag-out battles – very appealing.
Protecting a Child’s Inheritance
When one or both parties to a marriage have children from a prior relationship, the matter of their children’s right to inheritance becomes a concern. In such instances, the prenuptial agreement can be implemented as an estate planning tool that addresses each child’s inheritance rights upon the death of their parent. Without a binding prenup in place, the state’s laws of inheritance prevail, which may not be in keeping with the parent’s wishes.
Ensuring that Your Prenup or Postnup Is Enforceable
Having a well-considered prenup or postnup in place can be comforting, but it’s important to recognize that these legal contracts are carefully regulated. As such, any of the following can render yours unenforceable:
- The terms included were not equitable, to begin with.
- One of you did not sign the contract voluntarily.
- One of you signed the contract under duress, coercion, or otherwise fraudulent circumstances.
Working closely with a dedicated prenup and postnup attorney from the outset is always well advised – whether you are in the process of creating a contract or have questions or concerns regarding the validity of the prenup or postnup you’re dealing with.
Turn to an Experienced Orlando Prenuptial & Postnuptial Agreement Lawyer
Chantale Suttle at JustPrenups.com is a focused prenuptial and postnuptial agreement lawyer who has the experience, clarity, and resources to help residents in Orlando and address their concerns head-on. Whether this means executing a valid and well-considered prenup or postnup that protects your rights or addressing the validity of an existing prenup or postnup, we’re on your side and here to help. To learn more, please don’t wait to contact or call us at 800-959-1614 today.
Matters that Are Off the Table
The law is very exacting when it comes to prenuptial agreements, and there are certain issues that a prenup cannot address, including:
Your Child Custody Arrangements
The court always determines issues related to child custody arrangements with the children’s best interests – at the time – in mind. Because child custody arrangements can’t be predetermined, they cannot be included in prenuptial agreements.
The State of Florida has careful calculation guidelines for determining child support that must be adhered to. Only if the child support terms included in your prenuptial agreement exceed what is required by the state will they be honored.
While alimony can be addressed in your prenup or postnup, it cannot be used to cheat the recipient or would-be recipient out of support that he or she needs. If any of the following apply, all or part of the agreement may be void:
- If the terms mean that the recipient will require assistance from the state
- If the terms leave the recipient destitute
- If the terms make the division of assets very lopsided
An Experienced Clearwater Prenuptial & Postnuptial Agreement Attorney Is on Your Side
If you are preparing to marry or are married and have questions or concerns that relate to either prenuptial or postnuptial agreements, addressing them with a seasoned prenup attorney is the best way to help ensure that your financial rights are well protected. Chantale Suttle at JustPrenups.com in Clearwater is a trusted prenup lawyer who dedicates her impressive practice to helping clients like you resolve their prenup and postnup concerns favorably – while supporting their marriages. We are on your side, so please do not put off contacting or calling us at 800-959-1614 today to learn more about what we can do to help you.