Florida law dictates what will happen to your assets and debts upon a dissolution of marriage. Frequently, the distribution of marital assets and debts (those assets and debts acquired during the marriage) will be distributed equally. In order to avoid Florida law applying to your divorce, a couple can enter into a prenuptial agreement that dictates what would happen upon a dissolution of marriage as far as the distribution of assets and debts acquired before or during the marriage.
Another issue that can be pre-determined is the issue of alimony or spousal support following a dissolution of marriage. A valid and binding prenuptial agreement can limit or eliminate the need for spousal support or can provide for a certain amount of support following the dissolution of marriage which may provide for more protection than is afforded under Florida law. All of these issues can be negotiated before the marriage which may pave the way for a more amicable separation, if the need should ever arise.
There are certain steps that should be taken in order to make the agreement valid and binding. One important issue is the need for financial disclosure. Inadequate financial disclosure before the agreement is signed may make it harder to enforce the agreement at the appropriate time. A family law attorney can make sure that the appropriate amount of disclosure takes place and is properly documented in order to help preserve the enforceability of the agreement at a later date.
Additionally, prenuptial agreements will be strictly construed and interpreted. The agreement will not provide either party additional protection beyond what is included in the agreement. As such, it is important to have a knowledgeable family law attorney prepare this contract. There are also some issues that can’t be waived in a prenuptial agreement, such as the issue of temporary support (support during the proceedings).
If you would like to consider whether a prenuptial agreement is appropriate for your circumstances, contact the Law Office of Silverman, Vorhis & Mack for a consultation. Make sure that these issues are considered well in advance of the wedding or you may prejudice your case and make it more difficult to enforce the agreement in the future.