Prenuptial and Post-nuptial Agreements
When a couple decides to get married, they become legally bound to one another. They are expected to love, protect and care for one another. While we all hope that love is everlasting, divorces are far too common, and sometimes a reality that couples must consider prior to entering into a marriage. If a divorce should become necessary, you and your spouse should consider entering into a prenuptial agreement prior to your marriage.
What is a Prenuptial Agreement?
A "prenup" Pre-Nuptial agreement is a legally enforceable document that couples enter into prior to getting married. This document will outlines how your assets and debts will be divided during a dissolution of marriage. It can also govern whether or not one spouse will be entitled to alimony after a divorce and the terms and conditions of the alimony.
Drafting a Prenuptial Agreement
There are several ways to draft a prenuptial agreement. Each and every couple has unique needs. There are no universal prenuptial guidelines that can be applied to all marriages. Instead, couples should communicate with each other and determine how they want their assets and debts to be distributed (if a dissolution eventually becomes necessary).
What is a Post-Nuptial Agreement?
Often, couples do not realize that an agreement is necessary until months or years after they get married. If this occurs, couples may hire our firm to draft a post-nuptial agreement. This agreement will govern the future years of the marriage and how assets/debts will be distributed if a dissolution of marriage becomes necessary.
Prenuptial Agreements and Divorce
While prenuptial agreements are binding in a court of law, there are several factors that allow them to be declared void. Here are some examples of when a prenup could become invalid.
The agreement was drafted under fraudulent names and/or inadequate representation of assets and income
The agreement was signed without legal representation
The agreement was not filed with the court
One or both of the spouses were intoxicated, coerced, or lacked the mental capacity to handle official matters
South Florida Attorney for Prenuptial Agreements
At Christopher N. Link, P.A., our experienced divorce lawyer understands how difficult it may be to draft a prenuptial agreement with your spouse without compromising the health and integrity of your marriage. With our assistance, you can trust that each individual in the marriage will have his/her needs accounted for and protected.
If prenuptial and/or post-nuptial agreements is an issue in your South Florida family law matter, please call us today to schedule your confidential, complimentary consultation at 954.915.0400 or email us at office@linkfamilylaw.com.