What A Fort Lauderdale Prenuptial Agreement Can And Can’t Do

If you are or intend to get married, being transparent with your partner regarding your personal finances and willing to realistically discuss money matters is a top priority. This is a common source of problems in relationships. Prenuptial and postnuptial agreements in Fort Lauderdale can provide a solution.

For couples who are engaged, entering into a prenup prior to marriage helps clarify expectations and provides other benefits. Our experienced Fort Lauderdale prenuptial agreement lawyer provides the trusted, local legal guidance you need to put one in place. However, there are often some misconceptions that need clearing up first. The following explains what prenup can and can’t do.

What You Can Do With A Florida Prenuptial Agreement

As the names imply, a prenuptial agreement is a legal agreement you enter into before marriage. In contrast, you enter into a postnuptial agreement after you say, “I do.” It is generally in the best interests of engaged couples to put a prenup in place before their wedding day rather than wait, as it can help avoid money matters that often contribute to marital problems.

Under the Florida Statutes, a prenup is effective once you are married. Yes, as critics often point out, it does dictate each party’s rights and responsibilities regarding marital assets and property in the event of a divorce. However, it also provides a variety of other vital benefits that often get overlooked. Here is some of what you can do by creating a prenuptial agreement in Fort Lauderdale:

• Establish open communications about money;
• Provide an inventory of premarital property and assets;
• Full disclosure of individual debts, such as unpaid taxes or student loans;
• Clarify expectations regarding lifestyle and attitudes towards saving, investing, and other financial matters;
• Dictate each individual’s rights and assets in the event of a divorce, death, or if one of you is incapacitated.

What A Florida Prenup Cannot Do

Prenuptial agreements are legally binding agreements that go into effect once you get married and should not be entered into lightly. If your partner presents you with one or encourages you to sign a postnup after you are married, get legal help before agreeing to the terms.

Getting a prenuptial agreement in Fort Lauderdale offers many benefits, but there are some things a prenup can’t do:

• Your partner cannot coerce or force you into signing a prenup;
• They cannot spring one on you at the last minute;
• A prenup cannot favor your future spouse or deprive you of your legal rights;
• A prenup cannot include provisions for child time-sharing or child support in the event of a divorce, which is up to the Broward County Family Court to decide.

To Protect Your Rights, Consult Our Experienced Fort Lauderdale Prenuptial and Postnuptial Agreement Lawyer

Both pre-and postnuptial agreements in Fort Lauderdale provide vital benefits but, as legal documents, do not enter into one lightly. To protect your rights, consult our Fort Lauderdale prenuptial and postnuptial agreement lawyer Vanessa L. Prieto. Give us a call or contact our office online and schedule an appointment today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html

browardclerk.org/Divisions/Family