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Divorce can be complicated and emotionally charged. Having a prenup in place can make all the difference in dictating how a divorce proceeds and can help manage some of the “unknowns” that can cause so much stress and anxiety in other divorce cases.
Let’s take a look at how having a prenup in place can make the divorce process different.
Understanding Florida Prenups
In Florida, prenups, otherwise known as prenuptial or premarital agreements, are legally binding contracts that couples enter into prior to marriage. These agreements typically outline how assets and debts will be divided in the event of divorce or death, among other important provisions. To be valid, a prenup cannot be unconscionable at the time of signing and must be entered into voluntarily and meet certain legal requirements.
Working with an experienced family law attorney, like Ophelia Bernal-Mora or Andrew Nickolaou at Orlando Family Team, can help ensure that a prenuptial agreement is properly drafted and executed to see to it that it is enforceable.
How Prenups Can Impact the Divorce Process
One of the most significant ways a prenup affects divorce is in the division of assets and liabilities. In Florida, marital property is typically subject to equitable distribution. This means that the property is divided fairly, but not necessarily equally. However, a prenuptial agreement can override these rules and specify how property will be divided, potentially protecting certain assets from being divided altogether in divorce.
Prenuptial agreements can also address issues with alimony or spousal support. A well-drafted prenup may specify whether alimony will be awarded, the amount and duration of payments, or even waive the right to alimony altogether. However, it’s important to note that prenuptial agreements cannot waive child support obligations. While prenuptial agreements primarily focus on financial matters, they cannot go so far as to dictate child custody or support arrangements. Florida courts make custody and support decisions based on the best interests of the child. Any provision in a prenup related to these issues would likely be unenforceable.
Prenups can address some key and otherwise hotly contested issues that need to be handled during divorce proceedings. As such, having a prenup in place can help manage your expectations for how things will be resolved in the event of divorce. Additionally, a prenup can be invaluable in preventing drawn-out, draining arguments over who should get what, as the terms of the agreement will already address that.
Do You Have Prenup in Place or Need One? Talk to a Trusted Florida Family Law Attorney.
Whether you are considering entering into a prenuptial agreement or navigating divorce with an existing one in place, seeking guidance from a knowledgeable family law attorney can make all the difference. Orlando Family Team can review the terms of the prenup, advise you on your rights and obligations under Florida law, and represent your interests in negotiations or litigation. With proper legal guidance, you can navigate the complexities of divorce with a prenup and work towards a fair and equitable resolution. Reach out today for assistance. We have offices in Orange, Osceola, and Seminole counties.
