Largo Prenuptial & Postnuptial Agreement Attorney
Until recently, only super-rich couples with substantial non-marital assets bothered with spousal property agreements. A complex web of laws governed what could, and what couldn’t be, included in these pacts. Furthermore, individual judges had almost unlimited discretion in terms of enforcement. So, what was enforceable in Pinellas County might be unenforceable in Hillsborough County.
The Uniform Premarital Agreement Act radically changed both these things. As outlined below, the UPAA now exclusively controls both these areas. Additionally, over half of all other states have adopted this uniform law. So, there’s a good chance that the prenuptial or postnuptial agreement that spouses make in Florida would also be enforceable in Texas, North Carolina, Virginia, and many other states.
A diligent Largo prenuptial & postnuptial agreement attorney at Reep, Coleman & Stubbendorff is an excellent partner throughout this process. In as little as one office visit, our attorneys can craft an enforceable agreement that’s also easy to understand. We can also modify these agreements as needed. And, if either party needs to challenge the agreement’s validity, we serve as a strong voice for spouses who want to overturn or uphold it.
Making a Premarital Agreement
Since money disputes are the leading cause of marital strife, most prenuptial agreements focus on financial matters. A properly executed agreement removes this potential problem from your marriage before it has a chance to poison your relationship. In other words, the financial provisions in a prenup are more than “divorce insurance.” In many ways, they strengthen your marriage.
These financial matters often include spousal support caps and property division provisions. Many spouses include stair step spousal support limits. The longer the marriage lasts, the more alimony becomes available. Property division provisions often include property management provisions. These agreements also clearly classify real property, and other property, as marital or nonmarital assets.
Additionally, a premarital agreement may contain provisions concerning inheritance and succession. If a spouse has children from a prior marriage, they may be shut out of the will, according to Florida law. Many times, that’s not the intended result. To solidify these provisions, a Largo prenuptial/postnuptial attorney often drafts wills, trusts, and other executory documents.
Child support is about the only item that’s off limits in a prenup. The best interests of the children, as opposed to the best interests of the parents, govern this matter.
Breaking a Premarital Agreement
Very few contracts are entirely ironclad, and spousal property agreements are no exception. Under the UPAA, there are basically two ways to legally cancel a prenup:
- Involuntary: The I-word could mean one spouse physically pressures the other spouse to sign the prenup. These agreements are also involuntary if one spouse withheld important information, so the other spouse didn’t know what s/he was signing. The pressure or withholding must be extreme and beyond the pale.
- Unconscionable: A 60-40 asset division, and probably even an 80-20 asset division, is unequal. A division like “I get all the assets and you get all the debts” is unconscionable. Additionally, the challenging party must show the agreement was unconscionable when made. For example, stock certificates could be extremely valuable one day and almost worthless the next day.
In both situations, if both spouses had independent lawyers throughout the entire process, it’s much more difficult to overturn the prenuptial or postnuptial agreement.
Reach Out to a Dedicated Pinellas County Attorney
Family law matters usually involve financial and emotional issues. For a free consultation with an experienced Largo prenuptial/postnuptial attorney, contact Reep, Coleman & Stubbendorff. We routinely handle matters throughout the Tampa Bay area.