Winter Park Prenuptial & Postnuptial Agreement Attorney
Through a written prenuptial or postnuptial agreement, a spouse can completely or partially waive rights to property, alimony or inheritance as well as the elective share. On the other hand, a spouse may also view such an agreement as a way of securing those very same rights in a mutually agreeable way. While obtaining a prenuptial or post nuptial agreement may be very important and comforting to both spouses for reasons unique to each, it is important to understand that the existence of a prenuptial or postnuptial agreement does not guarantee a finality to the resolution of the issues covered. Where misunderstandings or just plain “buyer’s remorse” occurs and the stakes are high, litigation often results in an attempt to overturn some, if not all of the limits that would otherwise be imposed by the agreement. If such litigation does occur, all of the above factors will be scrutinized by the court to determine whether or not to enforce any or all of the terms of the agreement. Contact our Winter Park prenuptial & postnuptial agreement attorneys for more information.
A valid prenuptial agreement has the following considerations:
- The agreement must be in writing (oral agreements are not enforceable);
- It must be agreed to voluntarily, and without coercion;
- There must be full and fair disclosure of all financial and other material circumstances at the time it is made;
- The agreement cannot be unconscionable;
- The agreement must be executed by both parties (not just their attorneys) in the same manner as required for a deed to be recorded
If, either prior to or after you are married you have concerns about how, in the event of a divorce you will divide up business interests, pre or non-marital property, spousal support, etc., a discussion with Mr. Cotter or Mr. Zelman can help you decide whether such agreements are right for your particular circumstances.