When most people think of prenuptial agreements, they think of stereotypical and dramatic moments between couples on television and in movies. However, in reality, a prenuptial agreement can be a useful tool for couples that can strengthen a relationship if created properly by an experienced family law attorney. At the Law Offices of David L. Hirschberg, our knowledgeable Florida family law attorneys are prepared to answer all of your questions about prenuptial agreements and help you draft a document that will secure your rights before your marriage. To learn more, talk to our office in Boca Raton today.
The Prenuptial Agreement
A prenuptial agreement, sometimes colloquially referred to as a prenup, is a written contract that is created and signed by a couple prior to their marriage. The purpose of a prenuptial agreement is to define, identify, and establish property rights for each spouse if the relationship ever ended in divorce or upon the death of one spouse. Although not required, a prenuptial agreement may also address spousal support rights in the event of a divorce.
Who Needs a Prenuptial Agreement?
Any couple can create a prenuptial agreement ahead of their wedding, but there are some spouses that should strongly consider creating a prenuptial agreement prior to a marriage. One of the most common examples is if one or both spouses have children from a prior marriage. A prenuptial agreement can identify property rights for each spouse as well as for the children, which can avoid costly legal battles and familial strife later in life.
If one spouse has a substantially higher net income than the other, or if one spouse is entering the marriage with business interests, a prenuptial agreement can also be helpful in protecting those interests while also ensuring that both spouses would be financially cared for if the relationship ends. Some companies even require their owners as part of the business agreement to create a prenuptial contract in order to keep their ownership stake.
Creating a Valid Agreement
In order to create a valid prenuptial agreement, there are a few steps that must be taken. First, each spouse must have time to review the agreement with independent counsel. Second, there can be no coercion or duress involved in signing the agreement. Third, the prenuptial agreement cannot contain any terms which violate public policy. Examples of this would be inclusion of clauses that go against the public welfare, like demanding that a number of household tasks be completed each week in order to secure certain financial interests. For more information about how to create a valid prenuptial agreement in Florida, talk to our office today.
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Today, prenuptial agreements are common among couples of all income levels that wish to protect their assets and create property interests prior to a marriage. If you are interested in learning more about whether a prenuptial agreement is best for your situation, call the office or contact our Boca Raton family lawyers today at the Law Offices of David L. Hirschberg to schedule a consultation of your legal needs.