Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Orlando Prenuptial & Postnuptial Agreements Lawyer
When people come to us for criminal defense, it is usually during the worst time in their lives; they are worried, confused and stressed.
Content last updated on: March 18, 2024
When getting married, there are a lot of things to think about. Will you move into your place or theirs? Should you combine bank accounts? Where will you have your wedding, and who will you invite? In addition to all of the fun things to think about when planning a wedding and a life together, there are also some practical considerations – i.e. will you file taxes jointly or separately? Will your employer-sponsored healthcare plan cover your spouse? And should you consider a prenuptial agreement?
Getting a prenuptial agreement is often stigmatized as a decision that indicates that you’re “counting on failure.” However, this isn’t necessarily the case at all; instead, a premarital agreement–as well as a postnuptial agreement–can be a smart part of planning for the future. To learn more, contact our Orlando prenuptial & postnuptial lawyers at the O’Mara Law group today.
Who Should Create a Pre- or Post-Nuptial Agreement?
Pre- and post-nuptial agreements aren’t just for those who are rich or who are “trust fund babies” – anyone who has assets they want to protect should consider creating an agreement of this type. Agreements like this can also be helpful for protecting oneself against a spouse’s debt. As such, prenuptial agreements are something that everyone getting married should at least consider. Additionally, life changes during your marriage may be cause to consider a postnuptial agreement.
What Can Be Included in a Prenuptial Agreement?
Prenuptial agreements can be used to address a number of different things related to a person’s finances and how finances will be managed throughout the marriage and in the event of a death or divorce. For example, a prenuptial agreement may address:
- Assets that will be protected from division in the event of a divorce or death of one party
- How any debts incurred by either spouse prior to or during the marriage will be handled
- Who has the right to perform certain financial actions during the marriage, such as buy real estate
- How a business will be divided at the time of a divorce
- Whether or not any assets will be allocated to shared or separate children
Note that prenuptial and postnuptial agreements cannot be used to make any determinations about child custody. They also cannot be used to obligate a spouse to do something illegal. Nor can they be unconscionable, which essentially means grossly unfair. For example, a court may find it unconscionable if one spouse gives up their right to all assets in the event of a divorce.
How Are Pre- and Post-Nuptial Agreements Enforced?
At the time of a separation, divorce, or death of one party, a premarital or postnuptial agreement will be submitted to the court for review. Assuming it is found to be valid–which means that both parties signed of their own free will, without duress, and the agreement is not unconscionable–then the agreement will be found enforceable and the court will issue an order per the terms of the agreement.
How to Get Started with a Qualified Attorney Today
To learn more about pre- and post-nuptial agreements and why you may want one, call the qualified Florida divorce lawyers at the O’Mara Law group today. We have experience drafting pre- and post-nuptial agreements and are happy to sit down with you to discuss your needs today.
Contact Our Firm
Our Orlando Office
221 NE Ivanhoe Blvd.
Suite 200
Orlando, FL 32804
What Our Clients Say
“Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!"
Susan Dolan5-star Google Review
“By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A."
Michael Hoffman5-star Google Review
“O’Mara Law Group I would highly recommend Mark O’Mara to anyone seeking legal representation and will keep your best interest at the forefront. Should a situation arise, I would not hesitate to obtain representation from the O’Mara Law Group."
Mike Shwagger5-star Google Review
Previous
Next
Previous
Next
PROTECT YOUR RIGHTS
Schedule a Consultation Today
Schedule a Consultation Today
PROTECT YOUR RIGHTS
Schedule a Consultation Today
Schedule a Consultation Today
