Getting started with a prenuptial agreement in Florida

Have you signed or are you considering a prenuptial agreement in Florida? Simply put, prenuptial agreements govern the division of assets in case of a divorce. Ideally, a prenup is a contract that will never have to be enforced. However, one must account for every possibility, and a prenup can help make the complex and traumatic process of divorce easier. In that case, a prenup will help with determination of who pays alimony, and protection of business interests and inheritance capital. However, don’t go in with unrealistic expectations; a premarital contract covers many things but not everything.

A quality prenup is a complex document, and the laws surrounding them are equally so. It’s important to be mindful of specific guidelines before you put pen to paper.

Prenup attorneys represent YOU

Both spouses should retain prenup attorneys before signing the document so that it can be enforced at a later date if need be. If only one person has a legal representative, then only that person is represented in the contract. Any binding words would then be rendered null and void down the road.

Full disclosure of assets

The importance of fully disclosing your assets can’t be overstated. This helps with the enforceability of the contract. The general credo you should aspire to is that full and complete honesty now will protect you and your assets in the future.

A prenup doesn’t cover everything

Premarital contracts don’t cover people, so child support isn’t affected by any contract. Alimony is determined by a parent’s financial status and their ability to care for the child. Again, child support or custody is only determined at the time of divorce, and by what is in the child’s best interest.  We can also assist with asset characterization.

If you any questions at all, please contact us.