Why All Couples Should Consider A Prenup
Few people view prenuptial agreements as the ideal way for a couple to start their new life together. In many cases, however, “prenups” can be an effective way to identify and prevent future uncertainty early on and give both partners to a new marriage peace of mind and greater emotional security.
At the same time, our family law attorneys recognize that someone who is asked to sign a prenuptial agreement may feel in a position of relative weakness and unsure of his or her rights. At Fried and Fried, P.A., we have decades of experience handling contentious, high-stakes divorce litigation. As a result, we have the perspective to guide our clients even before they enter into a marriage, helping them identify their personal legal priorities and concerns and ensuring that they are addressed.
Legal Counsel Tailored To Your Specific Needs Entering A Marriage
In many cases, prenuptial agreements will be simply a legal formalization of an existing understanding between spouses-to-be — which assets one spouse will retain or how alimony will be handled in the event of a divorce. In this light, prenups needn’t be as scary as they are often made out to be.
Courts may look skeptically at prenuptial agreements if the party being asked to sign one did not have a chance to review it with independent counsel or have adequate time to consider it. We fulfill this vital task for clients in Southwest Florida: reviewing the proposed terms of a prenup, explaining in clear language what it means for a client’s future rights, and suggesting a course of action to protect their financial and legal interests.
Prenup Set Asides: When Your Agreement Was Unfair, Our Firm Is Here
Sometimes, individuals will sign a prenuptial agreement without seeking experienced legal help. They may consider this an act of love, loyalty and trust at the time, only to learn once a marriage is coming to an end that the prenup is poised to leave them with nothing.
Sometimes prenuptial agreements will be set aside by Florida courts. Common circumstances include:
- The individual was coerced into signing an agreement.
- The individual was not given adequate time to consider the terms of an agreement.
- The agreement includes terms that are unconscionable.
If any of the above applies in your case, we can determine whether you have a case for having your prenuptial agreement set aside during your divorce.