Prenuptial Agreement Attorney in Miami, FL
A prenuptial agreement, sometimes referred to as a prenup, is a legally binding contract that’s created and agreed upon by two people prior to getting married. In the agreement, the couple will address issues about property purchased during the marriage and money earned by each party during the marriage. The couple will decide who will have the rights to the property and earnings should they get a divorce. Additionally, the prenup can cover things like the expectations of each partner throughout the marriage and what will happen if those expectations aren’t met.
Benefits of a Prenup Agreement
Knowing the benefits of a prenup and the specifics that can be included will help you decide if and how to create the agreements.
- Your assets will be kept separate. The divorce laws of the state may say what is and is not a marital asset, but it’s difficult to prove which assets were yours. When you have a prenup, you won’t have to fight in court about what is yours.
- A prenup can limit how much you’re responsible for concerning your partner’s debt, both during the marriage and if you divorce.
- Should you divorce, the prenup will regulate how much of an inherited property you can keep.
- Possibly the most important aspect of a prenup is deciding on divorce negotiations. If you do get a divorce, you will have already decided how to split your marital assets. You won’t be at the whim of state divorce laws, either.
Breaking a Prenuptial Agreement
While prenups are somewhat difficult to void, if you break the terms of the agreement, you could end up having to accept Florida’s divorce laws instead of the terms of your prenup. Depending on the terms, this could work in your favor or against you. There are several reasons why a prenup may be voided, which is why it's important to have a prenuptial agreement attorney on your side:
- The prenup is fraudulent. If one party undervalued their assets or didn’t disclose all of their assets, and the assets weren’t included in the prenup, the entire agreement can be voided.
- The agreement was signed by a person under duress or by someone who didn’t have the mental capacity to understand the agreement. While this is difficult to prove and the standards vary by state, prenups can be thrown out if it comes to light that the signing circumstances weren’t legitimate.
- The paperwork wasn’t filed correctly. Legal contracts are only enforceable when they’ve been filed correctly. If you’ve made an error during filing, your agreement could be voided. Additionally, if premarital agreements are poorly drafted, they may not be valid.
It’s important to find a qualified prenup lawyer like Theodore Enfield to handle your prenup agreement. By discussing your options and rights, explaining local divorce law and the difference between antenuptial vs. prenuptial, drafting a valid agreement and filing the prenup appropriately, you’ll be protected throughout the marriage and in the event of a divorce. You’ll also want an experienced prenup attorney on your side if one party breaks the premarital agreement or if you feel that the agreement is unfair.