Prenup Attorney in Orlando

Law Firm Helping Establish a Financial Foundation for Marriage

When considering entering into a prenuptial agreement, many couples experience a range of emotions. It is not uncommon for one or both parties to feel anxious, overwhelmed, and uncertain about the prenup process. The fears may be due to insecurity or fear that they are not being considered in the agreement. Others may be concerned about how it will affect their future relationship with their partner. For many couples, it can be uncomfortable to discuss money and assets before marriage.

Talking through a prenup can help ease some of these anxieties by creating a clear understanding between both parties and providing financial security for their spouse should a divorce occur in the future. Prenups support open communication between partners and provide an opportunity for couples to openly discuss topics such as finances, property, children, and debt before marriage. They also serve as an important reminder of each person’s individual rights within the marriage.

Our experienced attorneys at the Law Office of Erin Morse can review all financial documents to ensure there is no discrepancy or misunderstanding from either side before signing any documents. Our attorneys are well versed in all laws regarding marital contracts and estate planning and can ensure that all parties’ rights are appropriately protected throughout the duration of the agreement. Call us today at 407-900-7451 to schedule your initial consultation and begin the planning process.

What is a Prenuptial Agreement?

A prenuptial agreement is a written legal contract between two people who are getting married. It outlines the couples’ rights and responsibilities in terms of their assets if the marriage ends in divorce or if one partner passes away. A prenuptial agreement can also be used to solidify financial arrangements such as spousal support, alimony, child custody, and division of property.

Prenuptial agreements are incredibly beneficial for many reasons. Most importantly, they provide financial security by ensuring that both parties’ interests are looked after in the event of a dissolution of marriage. These actions help ensure that neither person will be left at a disadvantage financially in a divorce or the death of a spouse.

By having one of our experienced attorneys on your side when creating a prenuptial agreement, you can be assured that all bases are covered and that your best interests are being looked after.

Is a Prenup Right for Me?

When it comes to deciding whether a prenuptial agreement is the right choice for you, there are several factors to consider.

The first step is to assess your personal financial situation. If you have significant assets that you wish to protect, such as a business or property, or if you have significant debt that you do not want your partner to be liable for if the marriage ends, then a prenup may be right for you. It’s important to keep in mind that prenups can also protect both parties from inheriting debts from one another in the event of death.

You should also consider any potential changes that might occur during the course of your marriage. When one spouse intends to achieve an additional degree or forgoes a career to raise children, it can be helpful to include provisions in a prenuptial agreement that will provide financial support for minor children should a divorce occur later on down the line. Having a prenup in place can help reduce the potential strain and stress associated with divorce proceedings by providing both parties with an understanding of their rights and responsibilities beforehand.

Deciding if a prenuptial agreement is right for you will depend on an assessment of your individual circumstances and needs. Consulting with one of our experienced attorneys at the Law Office of Erin Morse can provide invaluable advice on whether this type of contract is suitable for your relationship and goals.

Assets Typically Included in a Prenup

Couples often incorporate a range of assets into a prenuptial agreement:

• Real Estate: Primary residences, vacation homes, or investment properties held individually or jointly.
• Bank and Investment Accounts: Checking, savings, brokerage portfolios, retirement plans, and stocks.
• Business Interests: Ownership stakes in partnerships, LLCs, or closely held corporations.
• Personal Property: Artwork, jewelry, heirlooms, and other valuables of significant worth.
• Intellectual Property: Patents, trademarks, royalties, or other intangible rights that may generate income.

By enumerating these assets, parties can help clarify ownership and division of property if the marriage later dissolves, limiting confusion during divorce proceedings. Each spouse can also identify certain high-value items they wish to retain as separate property.

How Prenups Protect Family Businesses

Business ownership can be a sensitive issue during divorce. Without a prenup, a court might consider a spouse’s interest in a closely held company part of the marital estate, exposing it to division or forced sale. Florida law generally follows equitable distribution principles, meaning a judge attempts to split assets fairly, though not equally. A well-crafted prenuptial agreement can specify that business interests remain separate property, regardless of whether the company’s value grows during the marriage. This prevents potential disruption of daily operations or future expansions caused by prolonged legal disputes. When crafted properly, these provisions also reassure co-owners and investors that the firm’s stability is maintained, even if a marriage ends.

Why Do I Need a Lawyer to Draft a Prenuptial Agreement?

Having one of our experienced attorneys draft a prenuptial agreement can be a critical part of the process to ensure it is done correctly. An attorney will have the legal knowledge to make sure that all necessary elements are included in the agreement and that any potential future issues are properly considered.

They can also provide valuable advice on how to structure a prenup or legal document that will be fair to both parties and upholdable in court if necessary. An attorney can also ensure that both parties have enough time to fully understand the terms of the contract before signing it rather than feeling rushed or pressured into making decisions they may later regret.

Impact of Prenups on Inheritance Rights

Under Florida law, surviving spouses typically hold an elective share and other inheritance rights, which they can claim regardless of what a will or trust says. A valid prenup can waive or modify this elective share, allowing each spouse to direct assets to children from a prior relationship or others. In second or third marriages, such provisions prevent conflict between a surviving spouse and adult children over the decedent’s estate. Because Florida’s constitutional homestead protections may also come into play, couples should draft these clauses carefully to remain consistent with state requirements. When properly structured, a prenup can create a roadmap for distributing wealth and protecting family legacies.

Prenups and Protection from Spousal Debts

During a marriage, one spouse’s business decisions or personal spending can lead to new liabilities. A Florida prenup enables couples to minimize cross-liability by allocating responsibility for future debts. For instance, if one spouse plans to start or expand a risky venture, the agreement may confirm that any resulting financial burdens belong solely to that spouse.

These clauses preserve personal creditworthiness and reduce the possibility of forced asset sales to satisfy judgments. Nonetheless, marital property laws and creditor rights can intersect in complicated ways, so thorough legal drafting is essential. Courts generally uphold these allocations if both parties knowingly accept the terms and if no fundamental unfairness exists at signing.

Common Mistakes in Drafting Prenups

Overlooking certain details or failing to adhere to state requirements can undermine a prenuptial agreement’s enforceability. One recurring error involves executing the document too close to the wedding date, leaving the appearance of pressure or insufficient review time. Another involves failing to update the contract when a spouse’s financial situation changes drastically, potentially diminishing the agreement’s fairness. Some couples also neglect to address retirement accounts or inadvertently mix assets, creating confusion about whether they are separate or marital property. Ultimately, couples who avoid these pitfalls are far more likely to see their prenup withstand future scrutiny.

Can I Modify a Prenup?

At the Law Office of Erin Morse, our attorneys have experience helping couples modify their existing prenups in order to address any changes that may have occurred since the original agreement was signed. We understand that each individual’s circumstances are unique and will work closely with you to tailor a prenuptial agreement that suits your exact needs.

An experienced prenuptial agreement attorney at our office will be able to assess any proposed changes and provide sound legal advice on whether or not the modifications are legally valid and enforce them. For example, if one spouse wishes to waive spousal support payments, an attorney can provide guidance on whether this would be an enforceable provision under state law.

Prenuptial Agreement FAQs

Can a prenup expire under Florida law?

Generally, prenups remain valid indefinitely unless the agreement contains a specific “sunset clause” that causes it to lapse after a set time or event. Parties sometimes insert these clauses to reevaluate their terms after several years of marriage.

Can prenups be overturned during divorce proceedings?

Yes. Courts can invalidate a prenup if it was executed under duress, involved fraudulent disclosures, or appears fundamentally unfair given current circumstances. Judges also examine whether each spouse had enough time to read the document, consult counsel, and fully understand its impact.

How are children from previous marriages addressed in prenups?

These agreements can clarify each spouse’s intent regarding inheritance or financial support for children born outside the union. However, decisions about child support are not fully binding in prenups, as courts prioritize the best interests of the child, which can supersede contractual provisions.

Are prenuptial agreements public record?

A prenup can stay private unless it becomes an exhibit in court during divorce or estate litigation. If the agreement remains undisputed and is not filed with the court, it typically does not enter the public domain, preserving confidentiality for both parties.

Do prenups affect social security benefits?

Generally, prenuptial agreements do not influence a spouse’s entitlement to Social Security. These federal benefits hinge on work history and other eligibility factors, which a contract between spouses cannot override. However, provisions about spousal support do not alter one’s Social Security qualifications.

Discuss Your Rights with a Dedicated Family Attorney in Orlando

At the Law Office of Erin Morse, we are dedicated to providing quality legal guidance with the goal of providing peace of mind for our clients as they prepare for their upcoming union or adjust existing contracts during the marriage. Contact us today at 407-900-7451 for more information about how we can help you with your prenuptial agreement.