Prenuptial Agreements

Polk County Florida Family Law Firm providing Prenuptial Agreement Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.

What is a Prenuptial Agreement?

In the State of Florida, a prenuptial agreement, also called a premarital agreement is a legal agreement that is entered into prior to a marriage becoming legal, and is governed by Florida’s Uniform Premarital Agreement Act. This act stipulates that in order for a prenuptial agreement to be valid it must meet certain requirements, such as:

  • The prenuptial agreement must be in writing;

  • Both parties must sign the agreement;

  • The agreement’s content and language does not require nor elude to either party forfeiting any of his or her legal rights.

  • That both parties entered into the prenuptial agreement voluntarily and without undue pressure or influence, deception, or other forcible means.

Prenuptial agreements can be as simple or detailed as necessary to meet the needs of both parties involved. Post-nuptial agreements often address issues such as:

  • Marital property issues;

  • Asset distribution issues;

  • Alimony (spousal support) issues;

  • Death benefit issues;

  • And other issues mutually agreed upon prior to a marriage.

Prenuptial agreements may also include stipulations, limitations, and restrictions based on mutually agreed upon factors or circumstance. If at any point during the marriage if both parties agree to do so they may amend or even dissolve the prenuptial agreement. A prenuptial agreement become valid at the time of the marriage becoming legal. A prenuptial agreement without the act of becoming legally wed voids the prenuptial agreement.

What the Court Generally Considers in Prenuptial Agreement Cases?

The court will first and foremost unsure that neither party is asked to give up his or her legal rights. The court will also ensure the content in the prenuptial agreement does not violated Florida’s Uniform Premarital Agreement Act or any other policy of law.

If language exists in the prenuptial agreement that stipulates grounds for the agreement to be voided, the court will ensure that both parties are fully aware of each stipulation and how the court views each particular situation as a matter of law.

What is your Prenuptial Agreement Attorney’s Role in your Case?

From negotiation of the post-nuptial agreement to enforcement, your attorney will ensure your legal rights are protected. Your attorney will:

  • Work on your behalf during negotiations to ensure the contract contains proper language;

  • Ensure the prenuptial agreement contract clearly defines the responsibilities and limitations that have been mutually agreed upon;

  • Ensure that nothing is added to – or missing – from the agreed upon prenuptial agreement contract without your knowledge and authorization;

  • Ensure proper execution of the issues outlined in the prenuptial agreement in the case of a divorce according to the responsibilities and limitations of the contract;

  • And address any other legal issues concerns related to the prenuptial agreement.

For more information regarding prenuptial agreements in the State of Florida, contact our office by calling 863.937.9100.

Each prenuptial agreement attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your prenuptial agreement issues, as well as other divorce and family law related legal issues.

If you must address prenuptial agreement issues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced prenuptial agreement attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100.

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