How to Ensure Your Premarital Agreement is Valid
Premarital agreements, also commonly referred to as prenuptial agreements, outline how couples will handle financial issues during the marriage, and in the event the two people get divorced. Premarital agreements are final and legally binding. Postnuptial agreements work very similarly, but they are drafted once a couple is already married. Prenups can provide both parties a great deal of protection, but only if they are drafted properly. Below, our Orlando prenuptial agreements lawyer outlines how to make sure yours is valid.
Get it in Writing
The courts in Florida will not enforce an oral or verbal agreement. A premarital agreement must be in writing. Simply scribbling an agreement hastily on a napkin, or an otherwise handwritten agreement, will not always be enforced. To ensure that your prenup is valid, it is best to make sure it is drafted professionally and printed so there is no question about its validity.
Premarital agreements must be signed by both parties to show that they agree to all terms outlined within it. It is beneficial if premarital agreements are signed at least one month before the wedding. This shows that each person gave the agreement serious thought, and that they entered into it willingly. Unlike other estate planning documents, premarital agreements do not require witnesses to also sign the contract.
Premarital agreements that were signed under duress or a threat of violence are not enforceable by the courts. If a judge finds that either party felt forced to sign the contract, they will likely invalidate all terms of the document. This is one reason it is so important to draft and sign the agreement at least one month before the wedding. A judge may also find that an agreement was not signed voluntarily if either party did not have the mental capacity to understand what they were signing.
People cannot fully understand what rights they may be signing away if the other party does not provide full disclosure. For example, the two parties may agree to divide all debt equally in the event of divorce. If one party has not disclosed that they have significant credit card debt, they are not being truthful and the other person cannot make an informed decision. As such, both people must be completely honest about their assets, debts, and any other information included in the contract. If either party does not provide full disclosure, the court will likely invalidate the entire agreement.
Our Prenuptial Agreements Lawyer in Orlando Can Ensure Yours is Valid
Prenuptial agreements can provide significant protection for everyone in the event of divorce. However, they can only provide it if they are drafted and executed properly. At Anderson & Ferrin, our Orlando prenuptial agreements lawyer can draft an agreement that protects your best interests and that will be deemed enforceable by the courts. Call us now at 407-412-7041 or reach out to us online to schedule a free consultation and to learn more about how we can help.