St. Petersburg Prenuptial Agreement Lawyers
Prenuptial agreements, also known as premarital agreements, are a tool couples use before they get married to decide in advance who gets what if they later divorce. A prenuptial agreement can help keep one’s separate property separate, including property brought into the marriage and even future earnings. A prenuptial agreement can also set out whether alimony will be waived or if it is paid, on what conditions, how much and for how long. Getting a prenuptial agreement in place can help the parties embark on their new life together with a clear understanding of each other’s finances and expectations for the future. If the relationship does fall apart, a well-crafted prenup can help the couple avoid lengthy, expensive and emotionally draining litigation in court. The family law attorneys at Greene & Greene can help you create a premarital agreement that meets your needs, ensuring you will be taken care of and not taken advantage of if you and your partner later separate or divorce. Contact our experienced St. Petersburg prenuptial agreement lawyers today.
Uses of a Prenuptial Agreement
A prenuptial agreement can be important to business owners who want to make sure their business interests are kept separate and will not be subject to equitable distribution in a divorce. A prenup can also be crucial to a parent with a child from a previous relationship who wants to protect that child’s inheritance rights. Any couple, however, can likely benefit from a prenuptial agreement, even if they don’t have significant assets or a blended family. Florida law allows parties to a prenuptial agreement to contract on any of the following matters:
- Each party’s rights to marital and nonmarital property
- The right to buy, sell, mortgage or encumber property
- What will happen to property in case of divorce, separation, death, or any other event determined by the parties
- Spousal support (alimony), including if and how it will be established, modified, eliminated or waived
- Require the making of a will or trust with specific provisions
- Require the taking out of a life insurance policy with specific beneficiary designations
- Any other matter affecting the parties that does not violate Florida law or public policy. Matters regarding child custody and child support, for instance, cannot be decided in a prenuptial agreement.
Our St. Petersburg prenuptial agreement lawyers can advise you and represent you in negotiating a prenuptial agreement with your future spouse. We can draft your agreement or review an agreement prepared by another lawyer to make sure the document is sound and accomplishes your goals.
Validity and Challenges to Prenuptial Agreements
A prenuptial agreement is a contract entered into between two parties contemplating marriage that becomes effective upon marriage. It must be in writing and signed by both parties. Once created, a prenuptial agreement can only be amended or revoked by a written agreement signed by the parties.
A prenuptial agreement can be a cost and time savings in the event the parties later divorce. It sometimes, happens, though, that one party will challenge the agreement because they are unhappy with its terms or believe it was not properly entered into. Our experienced litigation team can ably represent you if you need to attack or defend the validity of your prenuptial agreement.
Under Florida law, premarital agreements are not enforceable in any of the following circumstances:
- The agreement was not entered into voluntarily
- The agreement involved fraud, duress, coercion or overreaching
- The agreement was unconscionable when it was created, and the party was not given a fair and reasonable disclosure of the property or debts of the other party, did not voluntarily and expressly waive their right to such disclosure in writing, and did not have or could not reasonably have had adequate knowledge of the other party’s property or financial obligations
Contact Greene & Greene Today
For help negotiating, drafting or reviewing a prenuptial agreement, or if you are in need of skilled and effective representation enforcing or challenging an existing agreement in your divorce, the Florida family law attorneys at Greene & Greene can help. Contact our experienced St. Petersburg prenuptial agreement lawyers today.