Pre & Post-Nuptial Agreements

Prenuptial & Postnuptial Agreement Attorney in Florida

Protect Your Assets with a Premarital Agreement in Green Cove Springs

Signing prenuptial agreementMore and more frequently, one or both of the parties contemplating marriage have acquired significant assets prior to the marriage. When this is the case, many individuals and couples choose to protect their assets and minimize conflict in the event of a separation or divorce with a prenuptial or post-nuptial agreement.

There are many complex issues involved in the drafting of a prenuptial agreement, and it requires full financial disclosure—including income, expenses, property, and debts—by each individual. Our Clay County prenuptial lawyers at Haslett Law can listen to your concerns, advise you of your options, help you to prepare your financial disclosures, and create an agreement that meets your needs and wishes.

Call us at (904) 299-1188 now to begin working on your prenuptial or postnuptial agreement.

What Does the Prenuptial Agreement Cover?

A prenuptial or premarital agreement is a contract between a couple designed to protect the interests or assets each party brings into a marriage. A postnuptial agreement serves the same purpose, but it is created after the legal union has already been established.

These agreements may dictate rights, division, or obligations relating to: ​​​​​​

  • Property or financial assets
  • Alimony or spousal support
  • Retirement plans or pensions
  • Proceeds of life insurance policies
  • Business interests

There are certain rights that cannot be effectively eliminated by a prenuptial agreement. For instance, a prenuptial agreement cannot determine or affect child support or custody, as these arrangements must be calculated or approved by the court at the time of a divorce or separation.

What is Included in a Postnuptial Agreement?

While postnuptial agreements typically include similar provisions as prenups, the main difference is that a postnup is created after marriage.

Things to include in a postnup are:

  • How assets and other property will be divided in the event of divorce

  • Spousal support - how long and for much?

  • All marital debts which may include credit card, mortgages, and even car payments

  • How property will be divided in the event that one spouse dies during marriage

  • Child support or custody cannot be limited as the state restricts this option

Benefits of a Marital Agreement

Marital agreements have become more popular over the years due to the invaluable benefits they offer.

Some of these benefits include:

  • Financial security - you can protect your separate property from future claims. You may also assign which spouse will be paying alimony if a divorce occurs.

  • Expectations - a well-crafted document can define expectations for each spouse

  • Peace of mind - a marital agreement can reduce the stress of uncertainty by documenting issues that pertain to custody or asset division

Efficiency - the speed of your divorce case can be expedited through a marital agreement because certain issues can no longer be questioned or challenged

Creating a Legally Binding Document

As of 2007, Florida courts use the Uniform Prenuptial Agreement Act (UPAA) as a guideline for ensuring the legality and enforceability of prenuptial agreements. Among other requirements, the document must be signed voluntarily by both parties, both parties provided full disclosure of their financial circumstances, and the agreement is not unconscionably lopsided or unfair. At Haslett Law, our Clay County prenuptial agreement attorneys have extensive knowledge of Florida family law, and we are here to help you draft a premarital agreement that is fair and enforceable.

Contact us at (904) 299-1188 today.

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