Many couples in Florida are currently discussing their relationships, and some may be including marriage as a possibility. Marriage planning can be simple or complex, depending on an individual couple’s immediate and long-term goals. Prenuptial agreements can cause complications if those involved rush in without first considering a few matters of importance.
Each person entering a prenuptial contract should retain separate legal counsel as part of the process. Though many attorneys provide effective representation in economically feasible fashions, couples who are not diligent in their searches for reasonably priced services may find themselves facing financial challenges that may pose an obstacle to wedding plans. Most consider the money spent on retainer fees well-invested since clear understanding of the law is greatly advised before signing a premarital agreement; still, one wants to be selective in choosing a legal advocate.
Laws governing the enforceability of prenuptial agreements vary by state. In fact, some states have a statute of limitations that specifies how much time can elapse from the presentation of the agreement to the actual exchanging of marriage vows. Also, states typically use the time period of a signing to determine the enforceability of the agreement, which might have significant bearing in situations where a death or divorce occurs and the laws have been modified over the years. The court will look at what the law was when the agreement was signed to interpret the contract and make decisions.
Finally, prenuptial agreements often define each person’s rights in different ways. Stipulations regarding property ownership or future earnings may impact one spouse more than the other as financial situations change throughout a marriage. Any Florida resident considering signing a prenuptial agreement will want to act along-side an experienced family law attorney in order to ensure a clear understanding of the legal terms contained therein.
Source: templecitytribune.com, “Prenups: 3 Things You Need to Know“, Don Schweitzer, March 9, 2016