Prenuptial Agreements are contracts entered into by two people intending to get married. If done properly it can govern the rights, duties and obligations of the parties in the event of a termination of the marriage whether by death or divorce. Florida has a statute governing these agreements and these agreements will be enforced if they are entered into properly in compliance with the statute.
While you may be uncomfortable entering into marriage seeking a a Prenuptial Agreement, the unfortunate reality is that not all marriages last. It might be best to know what your rights and obligations are now, rather than years later when it is too late to do anything about it. Prior to the marriage you will have significant discretion agreeing on a number of the issues that become so contentious and expensive to litigate in the dissolution of marriage process. Even if you do not have significant assets now, if you will acquire significant assets and earn significant income during the marriage you will most likely benefit from a pre-nuptial agreement.
Thus, whether you are the monied spouse seeking to limit your obligations in the event of a dissolution of marriage or the party with few assets and/or income waiving your rights, it is imperative that you have the advise of counsel before signing an agreement.
If you are considering marriage, we can help you decide whether a prenuptial agreement is in your best interests. Please call us at 407-403-5990 or contact us (below) if you would like us to prepare your Prenuptial Agreement.