Sarasota Prenups Attorney
Prenuptial agreements strengthen marriages.
Until recently, a web of complex formal and informal laws, many of which varied in different counties, governed prenuptial agreements in Florida. Then, lawmakers in the Sunshine State adopted the Uniform Marital and Premarital Agreements Act, and everything changed. Now, this one law controls the making and breaking of premarital agreements in all Florida counties, ensuring uniformity and consistency. Additionally, Florida prenups are usually enforceable and breakable in other UMPAA states.
That legal change, along with the experience many Millennials had of growing up in divorced families, has significantly increased interest in and demand for premarital agreements. Many law firms cannot handle large upticks in business. But the Sarasota prenup attorneys at Carman & Finegan, P.A. are different. We have the resources to handle complex cases. At the same time, our firm has a small, family business-type feel. Time is of the essence in these matters. If you are thinking about getting a prenup, or if your soon-to-be spouse has brought up the subject, speak with a Sarasota prenup attorney straightaway.
Making a Prenup
In many ways, a prenuptial agreement is like a life insurance policy. No one wants or expects to die early, but responsible people buy life insurance policies, so they are prepared for the unexpected. No one wants or expects a divorce, but responsible spouses partner with a Sarasota prenups attorney and obtain such an agreement so they are prepared for the unexpected.
Furthermore, many life insurance policies serve as investment tools. Similarly, a premarital agreement makes a marriage stronger. Money squabbles are one of the leading sources of marital discord. A prenup removes money from the equation, so it never has a chance to poison your relationship.
Specific financial provisions in prenuptial agreements include spousal support caps, property management designations, and property classification determinations.
Prenups usually address emotional issues as well, specifically inheritance and succession issues. These matters are especially important if a spouse has a family business.
If Mary would like to pass on her law practice to her son from her first marriage, she probably cannot do that unless she has a premarital agreement. Divorce usually cuts off all inheritance and succession rights. This provision in a prenuptial agreement also eases any hurt feelings that her other children or stepchildren may feel. Everything is in black and white.
Breaking a Prenup
No contract is ironclad. A judge could overturn an unfair or out-of-date prenup. Before the UMPAA, enforcement varied in different Florida counties and even in different courts in the same county. Now, in most cases, a judge may only overturn a prenuptial agreement if that contract is:
- Fraudulent: The challenging party must prove that the other party withheld financial or other documents which were material to the prenuptial agreement. Additionally, the challenging party must prove the withheld information was unavailable elsewhere.
- Unconscionable: A 60-40 property division is uneven. An “I get all the assets, and you get all the debts” property division is unconscionable. Additionally, the challenging party must prove the agreement was unconscionable at the time it was made. Corporate stock is a good example. These certificates could be worthless one day and highly valuable the next.
In a few cases, a judge may overturn a prenup if one spouse coerced the other. This usually means physical coercion. A “sign-or-else” ultimatum is insufficient, at least in most situations.
Most prenups contain severability clauses. So, if a judge invalidates one part, the other parts remain in full force and effect.
Rely on a Diligent Sarasota County Attorney
Divorce and family law matters involve emotional and financial issues. For a confidential consultation with an experienced prenup attorney in Sarasota, contact Carman & Finegan, P.A. We routinely handle matters throughout the Sunshine State.