Family Law Attorneys in Florida Focus on Prenuptial and Postnuptial Agreements

Need Assistance With a Nuptial Agreement? Stuart, Florida Law Firm Can Help

In the United States, nearly half of all first marriages end in divorce, and the rate of domestic partner relationships is steadily increasing. These factors increase the need for relationship dissolution planning, commonly known as entering into nuptial agreements.

Types of Nuptial Agreements

There are two types of nuptial agreements:

• Prenuptial agreements, also known as premarital or antenuptial agreements are entered into by the parties prior to the marriage
• Postnuptial agreements, also known as postmarital agreements, are entered into after a couple gets married when no divorce is contemplated. However, when divorce is imminent, postnuptial agreements are usually referred to as separation agreements.

Divorce is not the only option. If you decide to work on the marriage, it may be beneficial to both parties if we developed a postnuptial agreement (peace agreement). We can draft the agreement after listening to both parties’ concerns. We only represent our client, but that does not bar us from meeting or speaking with the other party if they represent themselves. If the other party has an attorney, communication will go through the attorney. Postnuptial agreements often help people love again as they have the potential to remove ‘weapons’ from each parties’ arsenal in the event that either party decided that the marriage was over. For instance, it may be hard for one party to love the other if they live under the threat of financial ruin or extreme financial burden if the relationship fails. If drafted correctly and thoughtfully, a postnuptial agreement can restore romance, trust, and goodwill to a relationship that has been weathered by time and circumstance. Postnuptial agreements (peace agreements) are not a lack of faith (or love). No more than an insurance policy, medical insurance, life insurance policy, or the like would be a lack of faith. The hope is that the agreement will restore the foundation on which your relationship was built before the cares of life crept in. There is hope.

Purposes of Nuptial Agreements

The purpose of nuptial agreements is to set forth the rights and obligations of each party during the marriage and in the event of a death or divorce. A nuptial agreement can nurture the romance of a relationship in that it can manage the stresses, fears and uncertainties that usually accompany money and possessions. There are three main reasons that people enter into nuptial agreements:

• To protect their assets in the event of divorce
• To provide for the distribution of the parties' assets in the event of the death of one of the parties
• To set out the obligations of each party during the marriage

Nuptial Agreement Requirements

In 2007, Florida adopted the provisions of the Uniform Premarital Agreement Act (UPAA). According to the UPAA, a prenuptial agreement is only valid if it is in writing and signed by both parties, and the agreement doesn't become effective until the date of the marriage. If one of the parties later challenges the prenuptial agreement, they must prove that they did not sign the agreement voluntarily, or the agreement was unconscionable in the way it affected their economic circumstances at the time it was signed.

If you are considering entering into a prenuptial or postnuptial agreement in the state of Florida, the The Law Patriot can help guide you through the process while protecting your interests at all times. Contact our lawyers online or call (772) 888-0883 and schedule your initial consultation today.