Orlando Family Law Lawyers Assisting with Prenuptial and Postnuptial Agreements
While signing a prenuptial or postnuptial agreement is often thought of as “planning for divorce,” the reality is that there are numerous important reasons for fiancés and spouses to consider documenting the legal terms of their relationship. Our attorneys regularly counsel clients on the benefits of pre- and postnuptial planning, and prepare carefully-crafted agreements that help our clients have happy, healthy marriages for decades to come.
For many couples and individuals, approaching 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 difficult to approach the concept with your partner in a meaningful way that does not seem to raise questions or doubts about the strength of your relationship.
But, the reality is that many of the common concerns about opening these discussions are unfounded. Despite common perceptions, prenuptial and postnuptial agreements have numerous purposes beyond simply “planning ahead” for who gets what in the event of a divorce. At McMichen, Cinami & Demps, we help couples throughout the Orlando, FL area prepare prenuptial and postnuptial agreements that provide certainty, minimize risks, and avoid unnecessary issues for their marriages and beyond.
Understanding Prenuptial Agreements
Why Sign a Prenuptial Agreement?
Prenuptial agreements have numerous potential benefits. Couples have lots of flexibility when it comes to deciding what to include in their prenuptial agreements, and this allows for creation of personalized agreements that truly reflect each individual couple’s unique needs and desires. Some of the issues that we commonly address in prenuptial agreements include:
Assigning liability (and avoiding joint liability) for credit cards, school 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
Preserving personal accounts and assets
When we sit down with you to discuss your prenuptial agreement, we will review all of your options in detail so that you and your spouse can make informed decisions about what to cover (and how to cover it) in your agreement.
When Should I Sign a Prenuptial Agreement?
There is no exact “right time” to sign a prenuptial agreement. While you do not want to wait too long, you also do not want to finalize your agreement too early before you have all of the information you need in order to make informed decisions about what you want it to say.
If you are considering a prenuptial agreement, now is a good time to speak with one of our attorneys. If we think it would be better to wait a little longer, we will let you know. If it is time to get started so that you are not signing on your wedding day, we can help you work expeditiously to craft an appropriate agreement.
What Does Florida Law Require for a Prenuptial Agreement to be Valid?
Florida law imposes a number of specific requirements for enforceable prenuptial agreements. Among other things, the agreement must be in writing and voluntarily signed by both parties. The terms must also be fair, and must not result in a waiver of certain legal rights unless the waiver is given with informed consent. When you hire us to prepare your prenuptial agreement, we will address all of the requirements for legal enforceability.
Understanding Postnuptial Agreements
From newlyweds who never got around to signing a prenuptial agreement, to long-time spouses who need to do some legal planning, all types of married couples sign postnuptial agreements. Postnuptial agreements can address the same issues as prenuptial agreements; and, like 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
Despite best intentions at the outset, sometimes spouses break their agreements during divorces and in other situations.
If you need to enforce your prenuptial or postnuptial agreement, our attorneys are experienced in protecting spouses’ and former spouses’ interests in the Florida courts. We are familiar with the arguments both for and against enforceability of prenuptial or postnuptial agreements, and we rely upon decades of family law experience to provide insightful and cost-effective representation for our clients.
Inquire about a Prenuptial or Postnuptial Agreement | McMichen, Cinami & Demps
To learn more about your options with regard to prenuptial and postnuptial agreements, and how our experienced family law attorneys can help, we invite you to contact us for a consultation. Call (407) 898-2161 or email us to speak with an experienced Orlando family law attorney about your situation today.