Tampa Prenuptial Agreement Attorney
Prenuptial agreements in Florida can benefit nearly everyone. While there are lots of misconceptions about prenuptial agreements — known as premarital agreements under Florida law — it is important to know that these types of agreements are not just for wealthy spouses. Many people assume that prenups as they are commonly described are solely for individuals with high net worths or with significant assets. While premarital agreements are critical for parties with a significant amount of wealth they are bringing to the marriage, these agreements are also essential for people of wide-ranging socioeconomic backgrounds. Through a prenuptial agreement, you can reach an agreement about assets and property, alimony, and the general rights and obligations of both parties during the marriage. Contact our experienced Tampa prenuptial agreement attorney today for more information about how a premarital agreement could be beneficial to you.
Understanding Pre-Nuptial Agreements in Tampa
Prenuptial agreements and postnuptial agreements are similar, except that a prenuptial agreement is entered into before the parties get married. To be clear, in order for a prenuptial agreement to be valid, the parties must execute the agreement before the date of their marriage. In order for a premarital agreement to be enforceable, all of the following must be true:
- Parties entered into the agreement voluntarily;
- Agreement was not a product of fraud, duress, coercion, or overreaching;
- Agreement is not unconscionable, which is usually understood to mean an agreement that was entered into when one of the parties did not have accurate knowledge of the other party’s financial obligations, waiver of alimony rights or property rights was not expressly waived, or one of the parties did not make a fair disclosure of property and financial obligations.
Even when one party voluntarily and expressly waives a right to spousal support, the court can, under certain limited circumstances, still require the other spouse to make support payments.
Elements of a Tampa Prenuptial Agreement
What can go into a premarital agreement in Florida? The Florida Statutes cite the following as possible elements of the content for a prenuptial agreement:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- The establishment, modification, waiver, or elimination of spousal support;
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and/or
- Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
What a Prenuptial Agreement Can Do
- State that neither spouse will get alimony in the event of a divorce;
- Protect the family business from equitable distribution during asset division;
- Protect inheritances from automatically going to one spouse in the event of a death;
- Determine each spouse’s role in the household;
- Protect previous spouses or children from another marriage in the event of a divorce or death;
- Protect one spouse from taking on the other spouse’s debts after a divorce; and
What a Prenuptial Agreement Cannot Do
- Determine child custody;
- Determine child support in advance of a split; and
- Be enforced if the marriage never occurs.
Making Sure Your Prenuptial Stays Valid
Florida Statute 61.079 requires a premarital agreement be written and signed by both parties to be considered valid. Similarly, any future amendments or revoking of the premarital agreement must also be in writing and signed by both spouses. It is important that you and your future spouse start talking about a prenuptial several months in advance of marriage. If there is evidence that the agreement was coerced or rushed, it may not be deemed valid by the courts later. Similarly, if there is proof that one party withheld financial information going into the prenuptial agreement, it can be considered void by the courts. To make sure you have a document that will withstand the test of time and be acknowledged by the Florida courts in the event your marriage does not last, it is critical that each party get help from a skilled prenuptial agreement attorney.
Contact The Law Office of Laura A. Olson, P.A. To Discuss Your Prenuptial Agreement
Taking the time to discuss financial issues with your future spouse and outline them carefully in writing through a prenuptial agreement can not only minimize resentment during a divorce, but it can help you and your future spouse start a successful, long-lasting marriage. A lawyer can ensure your prenuptial agreement is thorough and clear so that there is no chance it will get dismissed in court at a later date. To discuss details specific to your upcoming marriage or to make amendments to a current prenuptial agreement, call The Law Office of Laura A. Olson, P.A. at 813-222-0888 to schedule a free consultation today.