1. Prenuptial agreements are a contract that allows you and your fiancé to alter Florida law to be in alignment with what you think is fair, not what our state government and courts determine to be fair.
2. Prenuptial agreements provide you and your fiancé an opportunity to discuss, in depth, your financial expectations for your marriage, and what you expect from one another in regard to finance, assets and debts. This can make for a stronger marriage and gives you the peace of knowing you are on the same page.
3. Prenuptial agreements are the best method to manage with assets and debts at the time of a divorce. They are able to deal with alimony and attorneys fees, but there are NO guarantees as to the enforceability of these types of claims. Prenuptial agreements MAY not address parenting issues and if they do these provisions will likely not be enforced.
4. Prenuptial agreements, when done properly should involve 2 attorneys, one for each side. This is an important document that has a HUGE impact on your life, everyone needs to have a full understand of what they are signing. You NEVER want a DIY prenuptial agreement.
5. Prenuptial agreement ARE a few bases upon which prenuptial agreements can be set aside or overturned. Reasons such as fraud, failure to disclose all of the financial information of the parties, duress, etc. These are rarely successful and rarely invoked. By in large, prenuptial agreements, as a whole, are enforced by our Courts.
Make sure you work with an experienced attorney for your prenuptial agreement, not all family lawyers are experienced in drafting these agreement and errors or omissions can cost you in the future. For more information check out our video here.
Our office offers free consultations on prenuptial agreements.