Most of us have heard the term “prenuptial agreement” before when talking about marriage or divorce. However, few of us actually know what it really means, or what is needed to properly ensure that the two parties are protected in the event of a divorce. Unfortunately, since divorce is so common today, the amount of prenuptial agreements has increased as well. If you are about to get married but might want to consider a prenuptial agreement in Florida, contact the law offices of Aliette H. Carolan to see how we can help you.
Prenuptial agreements can serve a variety of purposes.This type of agreement gets both parties to consider the financial consequences of marriage, while protecting each person in the event that their marriage is eventually dissolved. While this may seem ironic considering when two people decide to get married, they agree to it for life. However, we now live in an age and society that doesn’t always support the ideal marriage, which is one possible reason why the divorce rate is so high.
The two parties looking to marry, and ultimately sign a prenuptial agreement should be mindful of the wedding date, as it can take some time to properly process. A prenuptial agreement in Florida has special requirements that must be taken into account in order for a prenuptial agreement to be legal. The state of Florida has enacted the Uniform Premarital Agreement Act (UPAA), which is a Uniform Act governing all prenuptial agreements. However, the state of Florida has made one adjustment to the act. If the prenuptial agreement includes information concerning assets in the event of the death of a spouse, then the agreement must be executed in front of two witnesses.
Some of the prenuptial agreement requirements 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 be adhered to during the marriage or the agreement may be deemed invalid.
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A prenuptial agreement is a legal agreement between two people that can protect a party’s future and financial well being in the event of a divorce. Since prenuptial agreements can be a little complicated and must adhere to specific rules, particularly in the state of Florida as noted above, it’s a good idea to have a professional and trustworthy Miami divorce attorney on your side.
Call Miami Divorce Attorney At The law offices of Aliette H. Carolan
The law offices of Aliette H. Carolan are more than happy to work alongside any client who are considering a prenuptial agreement or who have questions about the process in general. We understand that marriage can be an exciting and happy time, and most parties don’t even want to think of divorce, however, it’s best to get the prenuptial agreement started and out of the way. We all know that life can happen and it can be difficult. It’s all about protecting the parties’ futures in the event of divorce. Contact the law offices of Aliette H. Carolan today at 305-358-2330 or visit us online and complete the contact form for a free, no-obligation consultation and interview. Our professional legal team can then determine how we can help you solve your legal concerns regarding prenuptial agreements.
