Tallahassee Prenuptial Agreement Attorneys
A prenuptial agreement, or premarital agreement as it is often referred to in Florida, is a written contract created by two individuals before they are married. It details each person’s assets, including property, and specifies how these assets will be divided in the event of a divorce. Prenuptial agreements are gaining popularity and can be used for a variety of reasons, including to establish an individual’s future financial rights and responsibilities after a divorce is finalized.
To obtain a prenuptial agreement in Florida, you need the help of an experienced lawyer to ensure it is legally enforceable.
If you are considering a prenuptial agreement in Tallahassee, call us today to book a consultation.
What Is the Point of a Prenuptial Agreement?
A prenuptial agreement places a legal obligation on each spouse concerning asset division and other issues that might come up during a divorce. This agreement is enforceable in court and establishes who gets ownership over the finances, property, and/or debt after a divorce.
Why Would You Get a Prenuptial Agreement?
There are many reasons why you would obtain a prenuptial agreement. Here are some of the most common reasons why:
- To avoid potential arguments or issues that might come up during and after a divorce
Some couples take a proactive approach before getting married and establish how their assets would be divided if a divorce were to happen.
- To clarify the financial rights and responsibilities of each spouse during the marriage
This is important to determine if your spouse has acquired debt as the state of Florida holds you and your spouse liable for any debt owed during the time you are married. Additionally, if you own a business or have family assets, you might want to consider whether you would like these assets to be available to your spouse in the event of a divorce.
- To establish which children will inherit your property
If you have children from another marriage and would like them to inherit some of your property after a divorce, you will need to include these details in your prenup. Without one, your spouse might try to claim this property.
What Are the Requirements for a Valid Prenup in Florida?
To be considered valid and legally enforceable, a prenuptial agreement in Florida must follow the following requirements:
- The agreement must be in writing
- Both parties must agree to the prenup voluntarily
- The agreement must be notarized
- The agreement must detail each spouse’s financial circumstances, including assets and debts
- The agreement must be fair
What Issues Does a Prenup Cover?
In Florida, a prenup typically covers financial obligations during and after marriage. Spouses use prenups to help them decide how to resolve the following issues:
- How they will divide their property after a divorce, death, or other traumatic event
- The amount of alimony the higher-earning spouse will pay the other during a divorce or separation
- The allocation of each spouse’s retirement plans and/or insurance policies
Hire an Experienced Tallahassee Prenuptial Agreement Lawyer
Florida law requires each partner to have his/her own lawyer present to create a prenup. When it comes to determining how to legally protect your assets for your future, ensure you hire an experienced attorney familiar with the process and Florida law requirements.
Contact us online or give us a call at (850) 307-5211 for help creating a prenuptial agreement.