This is the final post in a series about understanding prenuptial agreements in Melbourne, Florida. Prenuptial agreements can be a useful tool in safeguarding assets or protecting oneself from a spouse’s liabilities before getting married. The goal of this series has been to provide information about the risks and benefits of prenuptial agreements and how to create an enforceable arrangement. Another goal has been to stress the importance of engaging a knowledgeable attorney to assist Florida couples when considering a prenuptial agreement. If you need assistance, contact our office today to speak to a lawyer.
This series addressed the following topics:
- Understanding Florida law governing prenuptial agreements
- The benefits of having a prenuptial agreement
- How to ensure a prenuptial agreement is enforceable
- Actions during a marriage to maintain the enforceability of a prenuptial agreement
- Potential challenges to a prenuptial agreement
Couples entering a prenuptial agreement should have a basic understanding of these issues. First, a prenuptial agreement is a contract. Spouses should be aware of the general rules that may impact their agreement. Second, a valid prenuptial agreement can identify assets or debts that that a couple wishes to remain non-marital property after the wedding. Separating certain assets and liabilities may benefit both parties. Third, a prenuptial agreement must comply with specific legal requirements to be enforceable between the parties. Fourth, a couple’s behavior during the marriage that is inconsistent with the written contract may invalidate some or all of the agreement. To ensure your original intentions are binding, both spouses should understand which types of activities to avoid. Last, it is not uncommon for a party to challenge a prenuptial agreement during a divorce. Understanding of the potential challenges can be useful for the parties involved.
If you are preparing a prenuptial agreement, it is essential to retain a family lawyer with experience in such matters to ensure the validity of your agreement. Contact us today to speak with a Melbourne attorney. Our office is dedicated to representing clients in family law matters in the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.