St. Augustine Prenuptial Agreement Lawyer

What is Considered Separate Property in Florida?

Separate property is generally considered as any property that is owned by one spouse prior to the marriage or any property that is acquired by one spouse during the marriage through inheritance or a gift. Separate property can also include property that is acquired by one spouse during the marriage that is not intended to be shared with the other spouse.

For example, if one spouse purchases a home during the marriage and puts only their name on the deed, the home may be considered separate property. However, if the other spouse is making mortgage payments or paying for home improvements, the home may be considered marital property, and they may be entitled to a share of the value of the home in the event of a divorce.

What Are the Legal Requirements of a Prenuptial Agreement in St. Augustine?

In order for a prenuptial agreement to be legally valid in Florida, the following requirements must be met:

• The agreement must be in writing and signed by both spouses
• The agreement must be entered into voluntarily by both spouses
• Both spouses must have had a full and fair disclosure of the other spouse's debts and assets prior to signing the agreement
• The agreement must not be unconscionable at the time of enforcement

A prenuptial agreement can be set aside by a court if it is found to be invalid. Our St. Augustine prenuptial agreement attorneys can help you understand your options and work with you to create a prenuptial agreement that best suits your needs.

What Can and Cannot Be Included in a Prenuptial Agreement?

A prenuptial agreement can be used to address a variety of issues, including but not limited to:

• How property will be divided in the event of a divorce
• Whether spousal support will be paid in the event of a divorce
• How debts will be divided in the event of a divorce
• How property will be divided in the event of a spouse's death
• Whether one spouse will be entitled to a share of the other spouse's business or professional practice
• How certain financial issues will be handled during the marriage

Certain issues cannot be addressed in a prenuptial agreement, including but not limited to:

• Child custody
• Child support
• Child visitation

In addition, a prenuptial agreement cannot be used to encourage divorce or to make any provisions that are illegal or against public policy. Our St. Augustine prenuptial agreement lawyers can help you understand what can and cannot be included in a prenuptial agreement and work with you to create a prenuptial agreement that best suits your needs.

When Should I Get a Prenuptial Agreement?

In order for a prenuptial agreement to be legally valid, it must be signed by both spouses prior to the marriage. If a prenuptial agreement is signed after the marriage, it may be considered a postnuptial agreement. Prenuptial agreements can be useful for anyone who wants to protect their assets and their rights, but they may be particularly useful for those who have children from a previous marriage, those who have significant assets, and those who own a business or a professional practice.

Call (904) 770-3141 or fill out and submit an online contact form to get started with your initial consultation.