Miami Prenuptial or Premarital Agreements
Marriage is a life-changing experience and commitment that couples carefully plan before they make their vows. Some of the things they plan include the ceremony, the venue, and the arrangements that will be followed after they get married.
For the arrangements that the couple will follow after they marry, many are now looking into premarital agreements to make their marriages stress-free. These agreements will highlight how they will tackle issues during their marriage, such as their financial and household responsibilities, and even resolve issues brought about by divorce. But writing a premarital agreement is more complex than it sounds, so who should you approach to help write it?
Miami Divorce Attorneys ’s experienced team of Miami premarital agreement lawyers is ready to help you create the best premarital agreement for you and your prospective spouse. We can show you what to include in the agreement, negotiate with your potential spouse about its clauses, and ensure that you can get modifications or counter its enforcement if needed. You won’t be disappointed with the quality of our work, and you can contact us at any time to deal with any complications that may arise.
Call Miami Divorce Attorneys at (786) 321-9064 for your Consultation with a Miami Premarital Agreement Lawyer.
Premarital Agreement in Florida
Premarital agreements are Florida’s equivalent to prenuptial agreements. It is a contract signed by prospective spouses highlighting how they will resolve key issues like finances, properties, divorce arrangements, etc.
Regardless of their financial status, anyone can create a premarital agreement, and it is highly recommended to make it as it will bring certainty to a marriage, even if it ends. It also works for parties who:
- Have assets and properties before their marriage and wish to separate them from marital properties, which will be divided between the parties during a divorce.
- Have children from previous marriages, and you would like to protect their inheritance.
- Have business interests they wish to separate from the couple’s marital properties in case they divorce.
- Wishes to prepare beforehand for separation or divorce arrangements, especially in spousal support
Coverage of Premarital Agreements
When it comes to writing premarital agreements, couples can include the following points which will help them deal with the subject during and after the marriage:
Who controls or manages the properties during the marriage- How will the properties be divided during a divorce, death, or other key events
- Should spousal support be given, how much should it be, and how long should it last
- How retirement plans and pensions will be distributed or used
- How the life insurance policies should be distributed or used
- Whether there is a need to write a will to enforce the agreement
- Which state laws will be used to adopt the agreement
Premarital agreements do not include child custody and support arrangements as the court arranges them. The court will look into various factors that will focus on your child’s best interests, their relationship with both parents, and their needs. Should parents wish to make arrangements for these topics early on, they can do so during the divorce or separation. It will also be subjected to court approval.
Our Miami, FL family law firm can help you sort out the arrangement of your premarital agreement and ensure it covers everything you and your potential spouse wish to cover. Your assigned Miami premarital agreement lawyers will also negotiate with your prospective spouse in case there are points they would like to add or remove. We can also explain to you how the court will get involved in sorting out certain issues, especially in terms of the financial points of the agreement.
Premarital Agreement Modification and Enforcement
Even after you get married, Florida allows couples to revise their premarital agreement at any time if there are any points they want to change. However, both parties must give written consent before any changes can be made. When consent is given, both parties must talk about the points that should be adjusted and agree on it before it can be legally modified. Parties can also contest the agreement’s validity at any time if one or both parties believe that the agreement has misrepresented or fraudulent points or was signed due to coercion and duress.
When a premarital agreement is created or modified, the court will use the guidelines set by the Uniform Prenuptial Agreement Act (UPAA) to determine if it should be enforced immediately or not. The state signed the act in 2007 to help parties create an acceptable premarital agreement. It will be enforced in terms that they can agree with the court on standby to intervene if one party is placed in financial trouble when the agreement is enforced.
The court may invalidate the modifications or the entire premarital agreement if:
- If one of the signatories signed involuntarily
- One of the parties coerced, falsified, pressured, or used “overreaching circumstances” to get the other party to sign the modified premarital agreement.
- The agreement was “unconscionable” because one of the parties did not get a full and honest disclosure of the other’s assets and financial obligations, did not voluntarily waive their right to disclose their assets and financial obligations, and did not get the right information about the other’s full assets and obligations.
When you speak to us at Miami Divorce Attorneys for these concerns, we can immediately get to work to help you write your consent for modification and ensure the modifications meet your needs. In turn, we can also help you protest against the modification or the entire agreement if you were coerced into signing it or if there are falsified points in the agreement. We can build the case to help you get the court to invalidate the agreement or avoid getting an unfair result if the marriage is annulled or voided.
Talk To Our Legal Experts Today
Marriage is a life-changing experience that will change how you look at life and deal with its many challenges and twists. If you want it to go smooth sailing and have the right safeguards in place to make sure that you, your children, and your properties are covered should the marriage fail and end in a divorce, a premarital agreement should be made before you tie the knot.
Our experienced Miami premarital agreement lawyers are here to assist you in creating the perfect premarital agreement and having the court recognize it. If it is needed, we can even be your legal representative and ask the court to intervene should there be any problems in getting the agreement recognized by the other party or getting certain clauses amended. We promise that you will be able to say your vows without any worries.
Call Miami Divorce Attorneys at (786) 321-9064 for your Consultation with a Miami Premarital Agreement Lawyer.