Couples who are planning to include a prenuptial agreement in their wedding plans are already off to a great start. Working through the details of a prenup offers a chance to have a series of in-depth conversations about expectations and a multitude of financial matters. However, without the assistance of a skilled Florida marital agreements lawyer, it’s possible to make mistakes that can invalidate the entire prenup.
One example lies in the type of terms laid out in the document. It’s important that the terms are fair to both parties. A prenuptial agreement that is completely unbalanced can be thrown out of court.
Another issue involves disclosure. Both parties must fully disclose the full range of their assets and debts. It’s impossible to agree on how to distribute assets in the event of a divorce if one party has no idea of the assets in question. If a spouse can provide proof that his or her partner was not open and honest in the disclosure portion of creating a prenup, a strong argument can be made to invalidate the entire agreement.
Finally, timing is everything when it comes to drafting an iron-clad prenup. These are not decisions that should be made in the weeks or days leading up to a Florida wedding, when tensions and excitement are high. Creating the prenuptial agreement months in advance shows that both parties have had time to think about the provisions and seek legal counsel before signing on the dotted line. Here again, working with a marital agreements lawyer is the best way to go about creating these essential marital contracts.
