Premarital agreements, or prenuptial agreements, as they are commonly called, are excellent tools for both preserving your marriage and making your Florida divorce exponentially easier. However, for the courts to consider your prenuptial agreement valid and enforceable, it must meet certain guidelines. Moreover, the circumstances surrounding and leading up to its creation must be lawful and contain no fraudulent actions. If one party can prove the existence of fraud, duress, coercion or other wrongful doings, the courts may deem your agreement unenforceable.
You and your fiance are preparing to get married in Florida and the rollercoaster of emotions leading up to your big day is both exciting and exhausting. Recently, you have been interested in discussing a prenuptial agreement with your fiance to secure the best interests of both of you should the relationship end sometime in the future. While your intentions are good, bringing this topic up can be difficult and daunting.
A generation ago, most people in Florida considered prenuptial agreements to be necessary only for the rich and famous. Today's society is quite different than that of 30, 40 or 50 years ago and one marked difference is the increased number of people getting married for the second, third or subsequent time. While the dreams for a happy future remain the same for any marriage, many of the issues that a remarriage can face are quite different than those in a first marriage.
When you think of a prenuptial agreement, you probably are like most people and immediately think about a couple in Florida who are well off and have financial interests to protect. While that is typically the main use for such agreements, that is not the only way they are used. In fact, you might be surprised to learn that many prenups contain items that do not pertain to finances at all.
If you are getting married in Florida, there are probably a lot of things you have to handle. From venues to food, weddings take a lot of planning. However, there is something else you should consider before tying the knot. That is drawing up a prenuptial agreement. This is especially important if you have a lot of assets, own a business or have children from another relationship. The only issue is that asking for a prenup can often cause waves in a relationship.
If you own a business and are thinking about filing for divorce in Lee County, you might want to come up with a plan first. You might believe your personal life is not going to have an impact on your company. However, you do not want to leave your business vulnerable. Divorce involves the split of marital property. You might have started your company before you married your partner, but there are considerations that might make some or all your business assets marital property.
If you have recently married the love of your life in Florida, chances are the last thought you want to entertain is whether or not your newfound relationship will last long-term. However, proactively planning for your future and accounting for the what-ifs can help protect you should you ever be facing a divorce. At Fried and Fried, P.A. we are familiar with all of the details about creating and implementing post-nuptial agreements.
For many Florida couples who are celebrating the excitement of their engagement and anticipating their upcoming wedding, the idea of drafting a prenuptial agreement is often uncomfortable. Often, discussions about this type of agreement are associated with contention and stress. However, if people understand the benefits of writing and implementing a prenup and are committed to going about it in a positive way, they can create an agreement that is designed to protect each other's future in a way that is civil and void of unnecessary drama.
Leading up to your marriage in Lee County, you probably heard from a number of people that you and your fiancee should consider signing a prenuptial agreement. Many of those that we here at Fried and Fried, P.A. have worked with were given the same advice, but did not see a need to heed it. They have since come to us asking the same question that you may now have: "Can I sign such an agreement after I am married?"
Couples may encounter many different stressors when it comes to marriage and divorce, from wedding planning to raising children. For some, prenuptial agreements raise a number of questions. Whether you are thinking about talking to your fiance about a prenuptial agreement, or your future marital partner has asked you to sign a prenup, you may be wondering whether or not this is the right path forward. At Fried & Fried, we know that some couples who are engaged in Florida worry that prenuptial agreements indicate there is a lack of trust in the relationship, while others may have additional concerns.