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Orlando Prenuptial and Postnuptial Agreement Lawyer
While signing a prenuptial or postnuptial agreement is often thought of as “planning for divorce,” the reality is that there are many important reasons to consider signing one.
Our Orlando prenuptial-postnuptial agreement attorneys have the expertise to successfully represent you.
Approaching your partner with the idea of entering into a prenuptial or postnuptial agreement can be a challenge. Whether you are soon-to-be married or are in the midst of a long-term marital relationship, it can be a difficult subject to discuss.
Despite common perceptions, prenuptial and postnuptial agreements have many purposes beyond “planning ahead”.
At McMichen, Cinami & Demps, we help couples prepare prenuptial and postnuptial agreements that provide certainty, minimize risks, and prevent unnecessary issues for their marriages.
Understanding Prenuptial Agreements
Why Sign a Prenuptial Agreement?
Prenuptial agreements have many potential benefits.
Couples have lots of flexibility when it comes to deciding what to include in the agreements.
This allows for the creation of agreements that reflect each couple’s needs.
Some of the issues that our lawyers address in prenuptial agreements include:
- Assigning liability (and avoiding joint liability) for credit cards, student loans, and other debts,
- Business ownership and control for privately-owned companies,
- Documenting special arrangements and day-to-day responsibilities,
- Establishing procedures for resolving disagreements,
- Estate planning and property division,
- Financial decision-making, and
- Preserving personal accounts and assets.
Having a prenuptial agreement in place would be tremendously helpful in the event of a divorce. Though an undesirable situation to be in, Florida’s divorce rate has historically been higher than the average for the United States.
When we sit down with you to discuss your prenuptial agreement, we will review all your options in detail. You and your spouse can make informed decisions about what to cover in the agreement by speaking with an experienced family law attorney.
When Should I Sign a Prenuptial Agreement?
There is no exact “right time” to sign a prenuptial agreement (also known as premarital agreement). While you do not want to wait too long, you also do not want to finalize your agreement too early. You want to have all the information necessary to make a decision on what to cover in the agreement.
If you are considering a prenuptial agreement, now is a good time to speak with one of our attorneys. If it would be better to wait a little longer, we will let you know. If it is time to get started, we can help you craft an appropriate agreement.
What Does Florida Law Require for a Prenuptial Agreement to be Valid?
Florida law FLA. STAT. §61.079 imposes several specific requirements for enforceable prenuptial agreements:
- The agreement must be in writing and voluntarily signed by both parties,
- The terms must be fair, and
- The agreement must not result in a waiver of certain legal rights unless the waiver is given with informed consent.
We will address all the requirements for legal enforceability when you hire us to prepare your agreement.
Understanding Postnuptial Agreements
From newlyweds to long-time spouses, all kinds of married couples sign postnuptial agreements. Postnuptial agreements can address the same issues as prenuptial agreements.
As with prenuptial agreements, there is no exact right time (and almost no wrong time) to put a postnuptial agreement in place. If you are considering a postnuptial agreement, one of our attorneys would be happy to meet with you to discuss your options.
Prenuptial and Postnuptial Agreement Enforcement
Sometimes spouses break their agreements during divorces and in other situations.
If you need to enforce your prenuptial or postnuptial agreement, our attorneys have years of experience in the Florida courts. We can argue for and against the enforceability of prenuptial and postnuptial agreements. We rely on decades of family law experience to provide insightful representation for our clients.
Speak with an Orlando Prenuptial or Postnuptial Agreement Attorney Today | McMichen, Cinami & Demps
Learn more about your options by speaking with an experienced prenuptial agreement attorney in the Orlando, FL area. We have over 50 years of combined experience and a Board Certified Family Law Specialist within our law group. Call McMichen, Cinami & Demps today for a free consultation at (407) 898-2161.