Prenuptial Agreement & Marital Settlement Agreement
“Better safe than sorry” is a classic adage for a reason. Unfortunately, for many, it is often learned after failing to prepare for an unforeseen life changing event. People rarely enter into marriage planning for divorce, although the divorce rate may indicate otherwise. We understand how helpful a tool a prenup, postnup or marital settlement agreement can be in protecting parties’ independent interests while simultaneously circumventing the need for costly litigation and unnecessary stress.
A common misconception individuals often have is that the scope of prenuptial agreement law is limited to the uber-wealthy. While many high asset individuals do indeed require their betrothed or current spouse to enter into prenup or postnuptial agreements, these agreements can also be extremely useful vehicles to protect individuals who have separate business interests, children from a previous relationship, or expect to be the beneficiary of a trust or inheritance. Further, a postnuptial agreement can also be very helpful during a time of marital discourse, providing peace of mind to a spouse who is willing to reconcile but fears financial risk. When divorce is inevitable, a marital settlement agreement allows parties to call the shots rather then leaving it up to the judge who is often a complete stranger. And, of course, skipping the emotional and financial trauma of taking your divorce to trial is always a good thing.
At The Law Office of Jordan Gerber, P.A., we stress the importance of understanding that the aforementioned agreements are treated like any other contract. This means that unless the contract’s terms are ambiguous, the court will not set it aside absent the existence of fraud or duress, no matter how unfair or one-sided the prenup or marital settlement agreement may appear. It is also important to note that Florida law requires certain wording when including provisions relating to support and property division to effectuate full protection. Click Broward County Divorce Lawyer today to ensure your agreement is drafted with the specificity required to protect your interests and is legally sound. All we are saying is, when possible, give peace a chance.
Read More About Agreements on Ms. Gerber’s BlogHow To Get A Prenup The Easy Way
How To Get The Protection of A Prenup Without the Hassle
Validity of a Marital Agreement
Why You Need To Demand A Prenuptial Agreement