Fort Lauderdale Divorce Lawyer Blog
A prenuptial agreement can decrease the potential for a messy divorce in Fort Lauderdale by spelling out you and your spouses rights to assets brought into the marriage and assets acquired during the marriage and other economic issues that arise. Your marital and family law attorney in Broward can draft a prenuptial agreement for you since about 40 percent of marriages can end in divorce. Whether you reside in Pembroke Pines, Cooper City or Weston, a prenuptial agreement may be a good idea if you are thinking of getting married in Florida.
Prenuptial agreements are not just for the rich and famous. They can protect people at all different income and wealth levels. A prenuptial agreement protects children from a prior marriage since a portion of assets automatically go to a spouse upon death. However, this can be waived in your prenuptial agreement. A prenuptial agreement is also important when there is a significant disparity in earnings and wealth or if you or your spouse own a business to ensure that a divorce will be less contested.
Having a prenuptial agreement drafted by a lawyer is not cheap. A lawyer may charge $1,500.00 to $5,000.00 to draw up and negotiate the prenuptial agreement, either at a flat rate or at an hourly rate. For more complicated estates, a prenuptial agreement can cost as much as $10,000.00, if not more. Both parties should have separate attorneys to avoid a conflict of interest. You may also want to consider having a court reporter and videographer present when you and your spouse sign the agreement in the event that the prenuptial agreement is challenged in the future.
A prenuptial agreement will deal with the economic matters in the event of a divorce. This includes whether or not a spouse will receive alimony. The prenuptial agreement will discuss the distribution of assets and liabilities acquired during the marriage as well as the treatment of each spouses assets and liabilities brought into the marriage.
A prenuptial agreement should not address custody, time-sharing, parenting plan or parental responsibility. The public policy of the State of Florida allows the judge to have the final decision on matters concerning the best interest of children.
A prenuptial agreement should not be easily overturned if properly executed. Both parties must exchange proof of their income, assets and liabilities. There should be ample time to think about and reflect on the terms of the prenuptial agreement. Your prenuptial agreement should not be presented to your spouse in close proximity to your wedding. Lastly, there can not be any fraud, duress, deceit, misrepresentation or overreaching.
As with any legal document, it is a good idea to update your prenuptial agreement as needed. This may include the birth of a child, inheritance or career change. You do not want your prenuptial agreement to become outdated and be inappropriate under the changed cirumstances of your life.