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Prenuptial Agreement

Prenuptial or Premarital Florida Lawyer

Prenuptial Miami Attorney provides services to those who are planning on getting married in Miami, Florida

Prenuptial Agreement AttorneyThe Carolan Family Law Firm, P.A.
in Miami, Florida, offers prenuptial agreement services to those who are planning on getting married. Although the idea of a Prenuptial Agreement Attorney may run against the ideal that governs marriage, the reality is that life and marriages are rarely ideal.

A prenuptial agreement serves many purposes. It gets both parties to consider the financial consequences of marriage, while protecting each person in the event that their marriage is eventually dissolved.

What is Needed for a Prenup?

You should be mindful of the time you have before your wedding and try not to leave a prenuptial agreement for the last minute. There are specific requirements that must be adhered to in order for a prenuptial agreement to be legal. If those requirements are not fully met, then the prenuptial agreement is not legal and binding.

The state of Florida has enacted the Uniform Premarital Agreement Act (UPAA), which governs prenuptial agreements. The National Conference of Commissioners on Uniform State Laws drafted it in 1983. However, Florida has made one adjustment to the act: If the prenuptial agreement includes information concerning the succession of assets upon the death of a spouse, then it must be executed in front of two witnesses.

Some of the requirements for a prenuptial agreement include:

  • It must be in writing. There are no oral prenuptial agreements.
  • It must be voluntary. The agreement may not be signed under duress.
  • The agreement may not put an unreasonable burden on either party.
  • It may not leave either person destitute.
  • All aspects outlined in the prenuptial agreement must he adhered to during the marriage or the agreement may be deemed invalid.

Remember that a prenuptial agreement is a legal agreement between two people that can determine each person’s future financial well being in the event of a divorce. Thus, it is a good idea to work with an attorney who has experience in creating and executing prenuptial agreements such as those at The Carolan Family Law Firm, P.A.


Protecting Assets

The primary reason for a prenuptial agreement is to protect your assets in the event that your marriage ends in divorce. These agreements are especially important if you have more assets than the other person entering into the legal union.

However, a prenuptial agreement may also protect them in the event of your death. If you do not have a valid will and in the absence of a prenuptial agreement, the courts will make all decisions regarding which assets will go to the surviving spouse. In this event, the intentions of the deceased spouse will not be taken into consideration.

Working with You

Our knowledgeable and experienced divorce attorneys in Miami will be happy to answer your questions and to begin working with you on your premarital agreement.

Remember that although you may create a prenuptial agreement without the services of a lawyer, these are legal documents that can impact your financial future.

If you are considering a prenuptial agreement and have questions and concerns regarding the effect of marriage on your assets and exposure to paying spousal support, then contact The Carolan Family Law Firm, P.A. in Miami, Florida by calling (305) 358-2330.