This is the first post in a series about understanding prenuptial agreements in Melbourne, Florida. Prenuptial agreements are not just reserved for the rich and famous. They can be a useful tool in protecting assets or limiting liabilities for any couple entering into a marriage. Before signing a prenuptial agreement, however, the parties should understand the risks and benefits of the arrangement, as well as how to make sure the agreement will remain enforceable if challenged in the future. The goal of this series is to review these concepts and to provide information that will help Florida couples identify and retain a knowledgeable attorney to assist them with prenuptial agreement issues. If you need assistance, contact my office today to speak to a lawyer.
This series will review several key topics, including:
- 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
These issues are important for a variety of reasons. First, when discussing the possibility of signing a prenuptial agreement, the couple should each have a basic understanding of the laws affecting the contract. Second, a prenuptial agreement can be beneficial to both spouses, either by separating assets or debts that may otherwise become marital property. Third, a prenuptial agreement is a contract. Certain requirements must be met for the contract to be enforceable between the parties. Meeting the criteria will be essential to enforcing the agreement in the event of a divorce. Fourth, even if a prenuptial agreement is written correctly and is enforceable, certain actions by spouses during a marriage may invalidate provisions of the agreement. Avoiding these actions can prevent surprises in the future. Last, there are several common challenges to the validity of prenuptial agreements. Understanding these in advance, may help a couple avoid challenges in the case of a divorce.
Whether you are considering preparing a prenuptial agreement or facing a divorce with a prenuptial agreement in place, it is essential to consult an experienced family lawyer to review your situation. Contact us today to speak with an attorney. My 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.