No one enters a marriage expecting the relationship to fall apart and end in a divorce. That said, planning for every possibility is in the best interest of everyone. A prenuptial agreement can help newlyweds protect their rights and eliminate any uncertainty about what will happen if divorce becomes necessary.
If you are considering marriage, a prenuptial agreement could be right for you. When you meet with a dedicated martial agreements attorney from our firm, they could advise you of your rights and explain what is required to create a binding prenup. A Miramar prenuptial agreements lawyer could help you settle questions regarding alimony or property division upfront and avoid conflicts in the future.
There are many reasons why a couple might consider executing a prenuptial agreement. If either of the parties owns a business, has children from another marriage, or has a significantly higher income than the other, a prenup may be beneficial.
Some closely-held family businesses are not in a position to be split or divided. The distribution of assets in a divorce could bring chaos to these companies, potentially causing them to close. A prenuptial agreement could help a business owner protect their company by setting alimony and eliminating any evaluation of the business.
A couple with grown children from a previous marriage could also benefit from a prenuptial agreement. This type of contract could protect the inheritance of these adult children following a divorce.
Issues regarding alimony or property division could be a sticking point during a divorce. This is especially true for couples with significantly different incomes. A prenuptial agreement could avoid these potential conflicts and set expectations about the future. A seasoned attorney could help a couple determine whether a premarital agreement would be useful for them.
Two issues that a prenuptial agreement cannot settle are timesharing and child support. When settling disputes regarding parenting time and child support, any decision must be made with the child’s best interest in mind at the time of the divorce. Only a judge can make that determination. An experienced lawyer could inform couples of the types of provisions that can and cannot be in a prenuptial agreement.
As a contract, a prenuptial agreement can be enforced under state law. However, if all of the legal requirements of a prenup are not met, the court could rule that the agreement is unenforceable. If an individual believes their prenup does not meet legal requirements, a skilled attorney in Miramar could help them challenge the agreement.
One common ground on which the court could overturn a prenuptial agreement is lack of disclosure. Both parties to a prenuptial agreement must fully disclose all of their assets. This is to ensure that both parties enter into a prenuptial agreement with an accurate assessment of their financial situation. If a spouse hides or fails to disclose assets when forming a prenuptial agreement, the court could find the contract invalid.
Other grounds for challenging prenuptial agreements could include coercion or duress. A prenup must be willfully entered into for it to be enforceable. If a person was forced into signing, the agreement would be unenforceable.
Many engaged couples are hesitant to bring up the topic of prenuptial agreements. However, having these discussions before the marriage can help avoid conflicts in the future.
Let a Miramar prenuptial agreements lawyer advise you before issues of alimony or property division become a problem. Reach out today to schedule a private consultation.