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Protect Yourself And Your Partner With A Prenuptial Or Postnuptial Agreement

Nearly everyone knows what a prenuptial agreement is, and most people are also familiar with postnuptial agreements. But have you ever considered creating one? Traditionally, these agreements were largely reserved for marriages involving significant wealth and a wealth disparity between spouses. However, this is no longer the case.

Prenups and postnups are growing in popularity and use because they protect the interests of both spouses. They do not signal distrust or an expectation of divorce. Rather, they are a kind of “divorce insurance,” easing legal and financial burdens if divorce ever becomes necessary.

If you are considering a prenuptial or postnuptial agreement in Brooksville, Hernando County or anywhere in the greater Tampa Bay area, our attorneys at Jeffrey P. Cario, P.A., are ready to help. They provide highly skilled and knowledgeable family law representation, backed by nearly 60 years of combined legal experience.

What Does A Prenuptial Or Postnuptial Agreement Cover?

While each is customizable, these agreements are largely limited to financial matters that would impact couples during and after the marriage. Prenuptial and postnuptial agreements tend to focus on:

  • Division of assets and property
  • Division of debts and liabilities
  • Allocation or division of retirement assets
  • Alimony/spousal support (whether it will be allowed and what the terms will be)
  • The inheritance rights of each spouse
  • Protection of business interests (for those with a closely held business)

By addressing these factors at the outset, couples can ensure that if divorce ever becomes necessary, the process will be fast, efficient and predictable. Prenups and postnups cannot cover child custody or child support. These decisions must be made separately and approved or mandated by the court at the time of divorce.

While not required, couples can also choose to include behavioral or “lifestyle clauses” in their agreements. These are provisions that spell out expected behaviors from each spouse, with possible consequences for failing to meet them (financial penalties for infidelity, for example). Lifestyle clauses can distract from the larger purpose of these agreements, however, so they should be carefully considered.

Seek Legal Guidance To Ensure Your Agreement Is Valid And Enforceable

You may be tempted to save money by creating your own prenup instead of working with a lawyer. However, any contract is only worthwhile if it can be enforced and withstand legal scrutiny. Your prenuptial or postnuptial agreement must meet the following criteria:

  • Full disclosure of assets, debts and income: Both parties must be completely transparent about their financial situation. This means providing a detailed list of all assets, liabilities and income sources. Any hidden information can lead to the agreement being invalidated.
  • Written and signed agreement: Any verbal or oral agreement will not be recognized. Instead, the agreement must be in writing and signed by both parties.
  • Voluntary consent: Both parties must enter into the agreement willingly and without any form of coercion or pressure. It’s important that each person has enough time to review the document thoroughly before signing. If you were to surprise your fiancé with a prenuptial agreement close to the wedding date, this might be considered undue pressure or coercion.
  • Independent legal representation: Each party should have their own legal representation. This ensures that both individuals understand the terms of the agreement and that their interests are protected. It also helps prevent any claims of unfairness or duress in the future.
  • Fair and reasonable terms: The terms of the agreement must be considered reasonable/fair to both spouses. If the court finds the agreement to be excessively one-sided or unconscionable, it may refuse to enforce it.
  • Compliance with Florida laws: The agreement must adhere to all relevant Florida statutes and not violate public policy. This means the terms should be lawful and in line with state regulations.

As you can see, it would be very difficult to meet all these criteria without the help of an experienced attorney. The investment you make now in consulting a lawyer could save you significant money and legal trouble in the event of divorce.

Contact Us Today To Learn More

From our office in Brooksville, Jeffrey P. Cario, P.A., serves clients throughout Hernando County and the greater Tampa Bay area. To schedule your initial consultation with one of our prenuptial and postnuptial agreement lawyers, call 352-448-0546 or submit an online contact form.