Are you and your partner considering getting married and want to protect your assets and finances?

A prenuptial agreement might be the right option for you. In Florida, an experienced family law attorney can help couples navigate the process for this important document and ensure their assets and rights are protected.

Let’s discuss the benefits of prenuptial agreements, the legal process involved, and how an experienced Oviedo prenuptial agreements lawyer can help. Contact Vollrath Law in Oviedo today to set up a free initial consultation.

What is a Prenuptial Agreement?

A prenuptial agreement is a legal contract that a couple signs before marriage. This contract outlines how their assets and finances will be divided in the event of a divorce. A prenuptial agreement aims to protect each person’s assets and ensure that they are fairly divided in case the marriage doesn’t work out.

Think of it like a safety net—you hope you never have to use it, but it’s there just in case. A prenuptial agreement can help prevent lengthy legal disputes and save you time and money in the long run. Plus, it can give you and your partner peace of mind and allow you to focus on building a happy, healthy marriage without worrying about the “what ifs.”

Benefits of Prenuptial Agreements

Prenuptial agreements can help do the following:

  • Protect assets — A prenuptial agreement can protect both parties’ assets, including property, investments, and income. It can also ensure that these assets remain with their original owner in the event of divorce.
  • Avoid disputes — A prenuptial agreement can outline each party’s rights and responsibilities in the event of divorce, which can prevent lengthy and costly disputes.
  • Clarify financial responsibilities — A prenuptial agreement can also clarify each party’s financial responsibilities during the marriage, including who will pay for specific expenses and how joint assets will be managed.

The Legal Process for Prenuptial Agreements

Requirements for a Valid Prenuptial Agreement

According to Florida law, a prenuptial agreement must be in writing, signed by both parties, and entered voluntarily. Both parties must also fully disclose their assets and liabilities.

Timeframe for Creating a Prenuptial Agreement

Couples should begin the prenuptial agreement process at least three months before the wedding to allow enough time for negotiation and revision.

Reviewing and Revising a Prenuptial Agreement

A prenuptial agreement should be reviewed and revised periodically, especially if there is a significant change in either party’s financial situation.

Are There Terms That Cannot Be Included in a Prenuptial Agreement?

In Florida, certain things cannot be included in a prenuptial agreement.

For example, child custody and child support cannot be decided or waived in a prenuptial agreement as the court determines them based on the child’s best interests at the time of divorce.

Additionally, any provisions that violate public policy or are illegal are not enforceable in a prenuptial agreement. This includes agreements encouraging divorce or penalizing a spouse for not engaging in certain behaviors.

Finally, prenuptial agreements cannot be used to waive a spouse’s right to alimony if doing so would leave that spouse without adequate financial support after a divorce.

How an Experienced Lawyer Can Help With Prenuptial Agreements

An experienced Oviedo family law attorney can help with the following:

  • Ensuring the prenuptial agreement meets all legal requirements and is entered voluntarily by both parties
  • Negotiating and drafting the agreement to ensure that both parties’ assets and rights are protected and that the agreement is fair
  • Reviewing and revising the agreement periodically, ensuring it remains valid and reflects any changes in the parties’ financial situations

Contact an Experienced Oviedo Prenuptial Agreements Lawyer Today

A prenuptial agreement can provide peace of mind for both parties entering into a marriage. With the help of an experienced Oviedo prenuptial agreements lawyer, couples can protect their assets, avoid lengthy disputes, and clarify their financial responsibilities and expectations.

Whether you are considering a prenuptial agreement or need assistance reviewing or revising an existing one, don’t hesitate to contact us today at Vollrath Law. Your financial future could depend on it.

We are the go-to law firm for families in Seminole County!

(Don’t just take our word for it.)

From Overwhelmed to Empowered:

Our Stress-Free Legal Process
Getting Started:

We can’t wait to help you tackle your legal challenges and achieve your goals! Our first step is to chat with you and really get to know your unique situation. We’ll listen to your concerns, answer any questions you may have, and create a customized legal strategy that meets your needs and goals.

A Plan for Success:

With our strategy in place, we’ll work with you to bring your legal matter to a successful resolution. No matter what legal challenge your family is facing, we’re here to guide you every step of the way.

Paperwork Made Simple:

We understand that legal paperwork can be overwhelming, but we’ll make it easy and stress-free for you. We’ll help you prepare and file any necessary documents, ensuring that everything is accurate and up-to-date.

Finding Common Ground:

In some cases, negotiations and mediation can help resolve legal matters without going to court. We’ll work with you to find common ground and reach a resolution that meets your needs and goals.

Moving Forward with Confidence:

Our final step is to help you achieve success and move forward with confidence. Whether it’s a finalized estate plan that provides peace of mind, or a successful divorce settlement that protects your interests, we’re dedicated to helping you achieve your goals and thrive in the future.

FAQ: Prenuptial Agreements in Florida

Who needs a prenuptial agreement?

A prenuptial agreement is recommended for any couple who wants to protect their assets and avoid lengthy and costly disputes in the event of divorce.

Is a prenuptial agreement enforceable?

Yes, as long as it meets all legal requirements and is entered into voluntarily by both parties.

What if my financial situation changes after signing a prenuptial agreement?

It is recommended that prenuptial agreements be reviewed and potentially revised periodically, especially if there is a significant change in either party’s financial situation.

Can a prenuptial agreement be challenged in court?

A prenuptial agreement can be challenged in court if it is found invalid or if one party claims it was signed under duress.

Top Rated Family Law & Estate Planning Attorneys

Serving Central FL

Join the Conversation

Explore Vollrath Law’s Blog
Experience and Dedication

in the Heart of Seminole County