Divorce isn’t something you think of when you marry someone. But with the divorce rate the way it is today, most couples who marry are more realistic. And although they might be in love with their partner or spouse, they might still think realistically and plan and protect their futures in the event of a divorce.
As a result, prenuptial agreements are becoming more and more popular. In fact, according to a poll published by the CDC, divorce rates are higher in Florida (and Texas) than in other states. Therefore, 4% of married people in Florida alone have a written prenuptial agreement. Read more about the divorce rates in Florida here.
So for those who are thinking about getting married, and who aren’t sure of what a prenuptial agreement actually is or how to go about getting one, then this blog is for you.
Read on to learn more about prenuptial agreements in Florida, and how they can protect you in the event of a divorce.
Prenup Purpose and Protection
A prenuptial agreement is just what it sounds like: a written agreement that serves to protect each party who enters the marriage.
Prenuptial agreements are strongly advised for parties who own property, have significant investments or other assets that they have acquired on an individual basis before entering a marriage. A prenuptial agreement will protect these parties from losing said assets in the event of a divorce.
However, not any old written agreement will be considered binding by the Florida Court. There are certain requirements a prenuptial agreement must adhere to prior to being set in motion and in legal order.
Here are some of the basic requirements of a solid, firm, and legal prenuptial agreement that will be accepted by the Court.
- The agreement must be in writing.
- The parties involved must enter the agreement on an agreed upon basis. This means that both parties must voluntarily enter the agreement.
- The agreement must be reasonable for both parties.
- The agreement cannot leave the other individual destitute.
- The agreement must address the succession of assets in the event of death (More information on this below).
If you are unsure of how to go about getting a prenuptial agreement, your first stop should be to speak with a Miami family law attorney who has experience drawing up prenuptial agreements.
Learn more about prenuptial agreements with a Miami family law attorney here.
Once a prenuptial agreement has been drafted, and meets all basic requirements as outlined by Florida law, then the agreement can be signed by both parties and set in legal motion after the marriage becomes legal and official.
But the state of Florida has some different rules to note.
In the state of Florida, the Uniform Premarital Agreement Act (UPAA) of 1983 dictates that the prenuptial agreement detail information concerning assets should one spouse pass on during the marriage. In these cases, the agreement must be executed in front of two witnesses.
Read more about the UPAA here.
Pointless or Protection?
Some people think of prenuptial agreements as pointless or even silly, since the whole point of getting married means vowing to care and love each other for the remainder of life. However, prenuptial agreements offer legal financial protection for both parties in the event of a divorce.
The truth is life can be unexpected, and things can change—and people can chance, which can have a huge impact on a relationship or a marriage for the positive—for the negative.
This is just one reason why prenuptial agreements are a good idea for those who have premarital assets or assets they want to protect in the event of death or divorce.
Working with a Miami Family Law Attorney for Your Prenuptial Agreement
Remember, a prenuptial agreement is a binding, legal agreement between two parties—much like a business contract. The purpose of the agreement is not to guarantee a divorce but rather offer legal financial protection for the parties who enter the marriage. Think of a prenuptial agreement like “insurance” for a marriage; it’s there if you need it.
Finally, don’t consider putting together a prenuptial agreement without first consulting with a Miami family law attorney. A Miami family law attorney can help you to meet all Florida requirements to make sure your prenuptial agreement is not only legal and binding but that it meets the desires of both parties (should divorce occur).
Visit here to learn more about prenuptial agreements, and to get started with a Miami family law attorney.