West Palm Beach Prenuptial Agreement Lawyer
Prenuptial agreements are not just for the wealthy. In fact, they are very practical agreements that can serve as an insurance policy for couples planning to get married. Premarital agreements are customizable to be as general or specific as a couple would like. This allows couples to enter into a marriage knowing potential dispute issues are addressed upfront.
Experienced in Helping Clients Address Important Issues Upfront
I am William Wallshein, a West Palm Beach prenuptial agreement lawyer with more than 38 years of experience. I am committed to helping you save time, cost and stress down the road by working with you to identify how your separate and community property would be handled in the event of an unforeseeable circumstance. This is a proactive measure to help you enter into marriage backed with the support of an insurance policy. Contact my family law firm to learn how a prenuptial agreement can serve as an important safeguard for you and your future spouse.
Who Can Benefit From a Prenuptial Agreement?
Not every couple needs a prenuptial agreement, but most couples can benefit from working together to address potential hot-button issues upfront. This can give couples a sense of security when starting the next chapter of their life. I have a strong background establishing prenuptial agreements for couples with a significant amount of assets. I also recommend premarital agreements to couples entering into marriage for the second or third time. This can be a valuable tool to define how assets from the previous marriage will be handled.
How Can a Premarital Agreement Protect Your Best Interests?
I am an experienced West Palm Beach prenuptial agreement lawyer and a former certified public accountant (CPA). My ability to work with numbers gives my clients reassurance that any separate and joint property will be accountable accurately in prenuptial agreements. When you select my law firm, I can help you craft a simple or complex contractual agreement depending on your concerns, such as:
- Defining how assets accumulated before the marriage will be distributed in the event of a divorce, separation or death of a spouse
- Establishing limits or duration of spousal support in the event a marriage ends
- Outlining a strategy to handle financial disputes and other matters.
Signers Beware: The Pros and Cons of Prenuptial Agreements
In marriage and in divorce there will always be unexpected challenges and issues that arise that the couple must deal with. Sometimes the couple works together and is stronger as a result; other times, the couple may crumble under the pressure and end up divorcing. Prenuptial and postnuptial agreements are extremely useful to couples who are realistic and pragmatic about the possibility that one day they may break up. The reality, though sad, can also be traumatic especially when there is significant anger and acrimony between the couple. Prenuptial and postnuptial agreements are important because they designate the rights of the couple at the time of divorce and during the marriage, but at a point where the couple still respects and loves each other.
By not waiting until there is anger and resentment between the couple, the divorce process becomes as easy as a divorce can be because the marital assets and liabilities have already been divided up, and there are only a few residual issues left. A clean split can make for a happily divorced couple. If you and your significant other are considering marriage, it is important to speak with an experienced West Palm Beach prenuptial lawyer who can help draft a valid and enforceable prenuptial agreement.
Florida’s Prenuptial Agreement Requirements
When drafting a prenuptial agreement, Florida requires that the couple put into writing and sign the agreement. No consideration is needed for the contract to be enforceable. To be enforceable:
- The agreement must have been executed by both parties voluntarily;
- The agreement must have been executed without fraud, duress, or overreaching; or
- The agreement was not unconscionable when executed where either of the parties did not fully, fairly, and reasonably disclose all details about the property holdings or financial obligations.
The prenuptial agreement law requires that both parties, rich or poor, enter into a prenuptial agreement with an understanding of the property that both parties hold and the financial obligations that both parties may be responsible for, as well as both parties entering into the agreement with equal bargaining power.
When an Agreement May Be Found Invalid: Fraud, Duress, or Overreaching
An agreement may be found invalid because it was executed as a result of fraud, duress, or overreaching. In Florida, fraud may be revealed if one of the spouses did not fully disclose or lied about his or her property holdings or obligations. Duress may disqualify an agreement where it can be proven that one person put pressure on another to sign a document either as a result of threats or acts of violence, or other acts that take away the bargaining power of one of the parties, for example, if one of the parties threatened the other with deportation. Finally an agreement may be invalid if it is found that one person was overreaching, which means that one of the parties took advantage of the other through fraud or an unconscionable act, such as giving the agreement to one of the parties to sign right at the moment that he or she was diagnosed with a medical disorder or disease.
Be Careful What Goes in Your Agreement
Florida courts have held that even when a prenuptial agreement puts one of the spouses in a better position than the other, this agreement will be enforceable when both parties knowingly agree to the terms of the agreement. This can mean that Florida courts may sometimes permit provisions within the prenuptial agreement that may limit spousal support post-divorce or possibly enforce lifestyle clauses that are not against public policy. Some lifestyle clauses that may be enforceable are those regarding infidelity clauses and non-disparagement clauses.
Contact a Skilled Prenup Attorney in West Palm Beach, Florida
A prenuptial agreement can be a valuable tool to help couples address issues they may not anticipate having to deal with later down the road. To learn more about establishing a prenuptial agreement, contact my West Palm Beach law firm online or call 561-533-1221 for a free initial consultation. My West Palm Beach office is near I-95 and PGA Boulevard.
