Attorney Jonathan Jacobs, Partner with Jacobs Family Law Firm, is a prenuptial agreement attorney with offices in Winter Park and Clermont, Florida. When you need a prenuptial agreement attorney near me, call Jacobs Law Firm for a thorough consultation. A prenup attorney in Florida knows about the intricacies of premarital agreements because we are knowledgeable in Florida Statutory and case law. Premarital Agreements in Florida are governed by Florida Statute 61.079. A premarital agreement is defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” This means that in order for a prenuptial agreement to be effective (enforceable), the parties must go through with the wedding (i.e. get married officially). If the prospective married couple call it off, the prenuptial agreement is generally unenforceable for the absence of the contractual elements needed to form a binding contract. Call Jacobs Law Firm, Clermont prenuptial agreement lawyer, and Orlando prenuptial agreement lawyer to learn about how careful planning and preparation can save you money and heartache in the future. Dial 407-335-8113 today to schedule.
Procedurally, a prenuptial agreement attorney understands that a premarital agreement must be in writing and has to be signed by both prospective spouses. The process of entering into the prenup agreement must also be voluntary. Both parties must sign in the absence of fraud (for example, one party misrepresents their net worth and assets), duress (forcing somebody to sign), coercion or overreaching. This means when you hire a prenuptial agreement attorney near me, they suggest you avoid presenting or entering into an agreement that is unconscionable. An example of unconscionability is if the agreement leaves one party destitute and without any financial assets or resources. A prenup attorney can help you understand the process and requirements.
Many prenuptial agreements in Florida are challenged on the basis that one side did not provide a full picture of their financial assets or debts to the other side. A fundamental requirement of a Florida prenup is that both parties must provide a fair and reasonable disclosure of their property or financial obligations. A failure to be forthright can result in the court setting aside your prenup. Following the premarital agreements Statute in Florida can make the difference between a streamlined divorce and a heavily litigated case. Make the best decision by considering how careful planning and being upfront and transparent can launch a marriage with what could be an even higher chance of success from day one. Call to speak with Jonathan Jacobs, prenuptial agreement attorney in Florida working with clients in Brevard County, Volusia County, Orange County, Seminole County, Marion County, Lake County, Osceola County, Hillsborough County and elsewhere. Call us for information about Florida postnuptial agreements.