Prenuptial & Postnuptial Agreements
Prenuptial & Postnuptial Agreement Attorneys Based in Lakewood Ranch
Most people do not get married to get divorced. However, divorce and separation are a reality in life. Prenuptial agreements and postnuptial agreements are great tools to protect yourself and your assets. Contact a Florida prenuptial and postnuptial agreement lawyer from Luhrsen Goldberg to learn more.
Why Choose Luhrsen Goldberg as Your Florida Prenuptial & Postnuptial Agreement Lawyer?
Founded in 2016 by Julie S. Luhrsen, Esq. and Christina A. Goldberg, Esq., Luhrsen Goldberg is a woman-owned and led boutique law practice. We are committed to fighting hard for our clients and putting our life experiences, perspectives, and skills to work for you.
Those looking for a prenuptial and postnuptial agreement lawyer in Florida turn to Luhrsen Goldberg because they know we have extensive experience in numerous areas of family law. When you seek a prenuptial and postnuptial attorney in Florida, our team of committed professionals welcomes the opportunity to provide you with Law Powered by Women® legal assistance.
Divorce Statistics & The Need For Prenuptial & Postnuptial Agreements
According to the National Center for Health Statistics, there are nearly 650,000 divorces yearly in the United States. Five cities in Florida are among the top fifty for divorces, including Panama City, Port St. Lucie, Palm Bay-Melbourne-Titusville, Deltona-Daytona Beach-Ormond Beach, and Homosassa Springs.
These alarming statistics make it clear how prenuptial and postnuptial agreements are necessary in Florida for couples wanting to ensure that their best interests are taken care of if their marriage ends in divorce. It is not a negative approach to marriage. It is a realistic one.
Prenuptial Agreements in Florida
In Florida, prenuptial agreements are contracts between prospective spouses to determine how assets, debts, and alimony are distributed during divorce. Prenuptial agreements can also explicitly state how assets will be split up in the event of death or divorce. They are private documents between a married couple. Prenuptial agreement lawyers can assist with setting up prenups, enforcing them, and, if need be, modifying them.
Setting Up Prenuptial Agreements in Florida
According to Florida law, prenuptial agreements must be in writing and signed by both spouses to be enforceable. It is recommended to execute the prenuptial agreement at least one month before the wedding and, at a bare minimum, for two weeks. The agreement should set the terms of a future divorce, one before the marriage, and is commonly negotiated from one to several months before the ceremony.
To create a legally binding prenuptial agreement in Florida, both parties must sign a written agreement in good faith and without fraud, deceit, coercion, or trickery. The agreement must include notes and mortgages on real property, lien documents on tangible personal property, and other relevant information.
Common legal issues related to prenuptial agreements in Florida include alimony, division of debts and assets in the event of divorce, control or management of property, and undisclosed assets and income. A prenuptial agreement attorney in Florida can help you overcome these common legal issues and enforce prenuptial agreements.
Enforcing Prenuptial Agreements
A prenuptial agreement lawyer in Florida will tell you that a prenuptial agreement must be in writing and signed by both parties before marriage. A prenup is enforceable without consideration other than the marriage itself. However, it can be voided in some circumstances and will not be enforced if the marriage is annulled or declared void. If not challenged, the court will assume the prenuptial agreement is valid and enforce its clauses.
Modifying Prenuptial Agreements
A prenuptial agreement can be modified in Florida if both parties provide written consent. Modifications can be made to fit particular circumstances better, and it is a good idea to modify the agreement during the marriage. Prenuptial agreement attorneys in Florida are an excellent resource for modifying a prenuptial agreement.
Postnuptial Agreements in Florida
A postnuptial agreement in Florida is a legal document that details how a married couple wishes to divide their assets in the event of a divorce. Unlike a prenuptial agreement, a postnuptial agreement is put in place after marriage. Among other obligations, it can include how children will be cared for during the marriage.
Setting Up Postnuptial Agreements in Florida
To create a valid postnuptial agreement in Florida, it must be in writing, signed by both parties, and comply with the law. The postnuptial agreement must also reflect that both parties have honestly disclosed their financial affairs to each other before entering into the contract. It its required that both spouses freely and willingly enter into the postnuptial agreement and completely disclose their assets and liabilities.
Common legal issues related to postnuptial agreements in Florida include the enforceability of the agreement, which can be challenged and voided in a court of law if obtained by fraud, duress, coercion, or overreaching. Additionally, both spouses must freely and willingly enter into the agreement and completely disclose their assets and liabilities.
Enforcing Postnuptial Agreements
In Florida, postnuptial agreements must be freely and willingly entered into by both spouses, with full disclosure of assets. They may be rejected if obtained by fraud, duress, coercion, or overreaching. The agreement is legally binding under Florida law if these requirements are met.
Modifying Postnuptial Agreements
A postnuptial agreement in Florida can be modified if both parties agree to the modifications and the agreement is in writing, notarized, and entered into voluntarily by both parties. The court may void or modify the agreement in some limited situations. A prenuptial and postnuptial agreement attorney in Florida can help with this.
How a Florida Prenuptial and Postnuptial Agreement Lawyer Can Help
A Florida prenuptial and postnuptial agreement attorney can help by negotiating, drafting, and enforcing or challenging marital agreements. They can also provide guidance on the distribution of assets, debts, alimony, and other issues in the event of a divorce.
Contact Luhrsen Goldberg for a Florida Prenuptial & Postnuptial Agreement Lawyer
Those looking to protect themselves in marriage turn to Luhrsen Goldberg for a Florida prenuptial and postnuptial agreement lawyer. We welcome the opportunity to provide you with Law Powered by Women® legal assistance. Contact us today so we can help you with your prenuptial and postnuptial needs.