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Prenuptial Agreement – Establishing Your Rights Before a Divorce


Why a Prenuptial Agreement Matters

You may be asking yourself whether a prenuptial agreement is right for you. We all hope that our marriages are long and fulfilling. No one gets married thinking that the marriage will ultimately end in divorce. But if you do get divorced, the process can have uncertainty. A prenuptial agreement provides spouses a way to agree to what substantive rights they will leave their marriage with.

The Uniform Prenuptial Agreement Act

In 2007, Florida has adopted the Uniform Prenup Agreement Act. This law provides the basics for what an agreement must have to be enforceable. First, it must be in a writing signed by both spouses. Second, it cannot be amended without another writing signed by both spouses. Third, it sets forth what types of rights a prenuptial agreement can address.

 

The Act also addresses the scenarios where a prenuptial agreement would not be enforceable. These include:

  • If the agreement was not voluntarily entered into;
  • If the agreement was created through fraud committed by a spouse; and
  • If the agreement is unconscionable and the spouse whom the agreement treats unfairly did not receive adequate financial disclosure.

What Rights Can a Prenuptial Agreement Decide

Spouses are free to decide almost all of their substantive rights through a prenuptial agreement. Spouses can agree as to how their property will be divided in the event of a divorce. Spouses can also agree as to whether a spouse will receive alimony or not after the marriage is over.

 

There are some areas that a court may not enforce if made a part of a prenuptial agreement. First, a spouse cannot waive his or her right to temporary attorney fees and costs or temporary alimony. This does not prevent spouses from agreeing that attorney fees can be awarded to a spouse who must successfully enforce an agreement.

 

Spouses may also not agree as to issues concerning children without the court making the finding that the agreement is in the best interests of the children. Prenuptial agreements including provisions such as a restriction on a parent’s ability to relocate with a child may not be enforceable if the court finds that the relocation is in a child’s best interest.

Orlando Prenuptial Agreement Attorneys

The family law attorneys at Christopher M. Sprysenski, P.A. are available to answer your questions concerning whether a prenuptial agreement is a good decision for you. Our lawyers will carefully discuss your goals in the event of a divorce, and help you identify an approach that works for you. Our law firm makes sure that important provisions, such as choice of law and venue selection clauses, are made a part of your agreement and understood by our clients. We also make sure that detailed financial disclosure is completed so that an agreement will survive potential challenges by another spouse.

 

Want help in drafting your agreement? Contact Christopher M. Sprysenski, P.A. to schedule a consultation with an Orlando prenuptial agreement attorney with our firm. Call us today at 407-630-8485. We offer payment plans and accept all major credit cards.