BEST Prenup Lawyer Near You

Getting married is undoubtedly one of the most exciting milestones in life, and the time leading up to your wedding should be filled with romance and joy. It’s a time when divorce lawyers are probably the last thing on your mind.

However, amidst the excitement, many couples find it valuable — and even necessary — to take some time to address future financial matters. Having an open discussion about finances and securing these agreements in the form of a prenuptial agreement can provide peace of mind for both parties. At Sean Smallwood, P.A., we offer expert legal advice and representation for prenuptial agreements, as well as postnuptial agreements made after marriage.

Requirements for a Prenuptial Agreement in Florida

People are waiting longer to get married than in previous generations, which often means they have accumulated more assets and debt before tying the knot. As a result, prenuptial agreements have become more appealing for couples looking to protect their individual interests—whether that’s maintaining sole ownership of a business startup or avoiding responsibility for one spouse’s outstanding student loan debt. Discussing a prenuptial agreement also opens up conversations about important financial matters that may have never been addressed before, such as property division and alimony. By having an open discussion about the potential for divorce and how you would handle it, you may strengthen your relationship in the long run.

In Florida, the Uniform Premarital Agreement Act (UPAA) governs the enforceability of prenuptial agreements. For a prenuptial agreement to be valid under the UPAA, it must be in writing and signed by both parties. A prenuptial agreement will not be enforceable if one spouse can prove that:

• They didn’t sign the agreement voluntarily.
• The agreement was signed under fraud, duress, or coercion.
• The agreement was unconscionable (illegally unfair) at the time of signing, and the challenging spouse was not provided with a fair and reasonable disclosure of the other spouse’s financial circumstances. Additionally, the challenging spouse must not have waived in writing their right to receive full financial disclosure or have reasonably had knowledge of the other spouse’s financial situation.

If you live in the Orlando area, The Law Offices of Sean Smallwood, P.A. are family law attorneys near you who can assist you in drafting a legally sound prenuptial agreement that aligns with your goals. If you have been presented with a prenuptial agreement, we can help ensure that your rights and interests are properly represented and protected.

Postnuptial Agreements: How a Prenup Lawyer in Orlando Can Help

In some cases, couples realize the benefits of entering into a financial agreement after they are already married. For these couples, a postnuptial agreement can provide the same level of security and transparency as a prenuptial agreement. However, just like a prenuptial agreement, a postnuptial agreement must meet certain legal requirements to be enforceable in Florida.

One key distinction between postnuptial and prenuptial agreements is that the marriage itself cannot serve as valid consideration for entering into a postnuptial agreement, since the marriage has already occurred. Instead, valid consideration for a postnuptial agreement may come from one spouse’s duty to support the other, or from promises concerning various rights or responsibilities of the spouses.

Learn More About Prenuptial Agreements in Florida with a Trusted Prenuptial Attorney Near You

For more information about prenuptial agreements in Florida, contact The Law Offices of Sean Smallwood, P.A. in Orlando. We are dedicated to serving clients throughout central Florida, including Winter Park, Dr. Phillips, and surrounding areas. Our goal is to help you achieve your objectives with expert legal guidance and support.

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