Guidelines To A Prenuptial Agreement In Boca Raton, Florida
When two people enter into a marriage agreement in Boca Raton, Florida, they are not just entering into holy matrimony – they are entering into a legally binding contract that basically states, “what’s mine is yours and what’s yours is mine.” This includes all income, assets, and any other property each brings into and acquires throughout the marriage. Should the couple get divorced in the future, and if they do not have any other arrangements in writing for the division of assets or properties, the couple is subject to Florida law regarding the matter, which may be unfavorable to one or both parties.
A prenuptial agreement is another legally binding contract that allows the couple to define the terms of their marriage and divorce themselves. Standard prenuptial agreements outline the division of assets and properties, child and custody support issues, spousal maintenance, and any other provision the married couple feels is necessary.
When drafting your prenuptial agreement, you want to make sure that all provisions are in compliance with Florida law, and that they leave no room for interpretation. A Boca Raton family law attorney can help you draft a prenuptial agreement that will make the dissolution of marriage easier on you and your spouse, should you ever cross that bridge, and that will protect the assets and rights of both parties.
What Constitutes A Valid Prenuptial Agreement?
In order for a prenuptial agreement to be valid in the state of Florida, it must do the following:
- Benefit both parties;
- Be notarized with stamp and signature;
- Be read, understood, and signed by both parties;
- Be in hard copy; and
- Be validated by a legal marriage.
For some people, a prenuptial agreement is a given despite the number marriage they are on; however, for others, they learned the hard way after their first marriage, when they walked away from the marriage with less than they walked in with. No matter what your circumstances are though, if you are entering into a marriage contract, you should do so with an air of caution, and protect yourself and your assets with a valid prenuptial agreement.
Plan Ahead With Your Spouse
While no couple enters into a marriage contract with the intent of getting a divorce, people do change. With this is mind, it is always best to hash out the specifics of a “possible divorce” while still on friendly terms, rather than to try and do so during the divorce, when one or both of you is feeling hurt, angry, and slighted. To avoid an all out battle should you and your spouse get divorced, be frank with each other about the following issues:
- The division of assets;
- Whether or not spousal support will be paid;
- Child support;
- Child custody; and
- What to do in the case that one or both of you commit adultery.
Hire A Boca Raton Divorce Attorney
At our firm, we understand that a prenuptial agreement can be a sensitive subject. However, we also recognize that the best way to achieve a fair and amicable divorce is to have both parties agree on the conditions of the divorce. This is much easier to do when there is an existing prenuptial agreement that outlines the terms and conditions of divorce, signed by the couple. Our Boca Raton family law attorneys can help you and your spouse draft a fair and valid prenuptial agreement that will protect both of your assets in the event of divorce. Call the office of Schwartz | White at 561.391.9943 or contact us online to schedule a consultation today.