A pre-nuptial agreement is a practical measure for avoiding family problems in case of divorce or death. The main objective of a prenuptial agreement is to modify certain provisions of Florida family law to better fit the actual circumstances of a couple contemplating marriage. A prenup will usually limit or displace the right of the spouses to seek alimony in the event of divorce, and very often will specify a lump sum settlement to serve in lieu of property division rights. The agreement might also specify certain assets as separate property, or certain debts as the sole responsibility of one spouse.
In order to be enforceable, the prenup must be fully voluntary on the part of both spouses, supported by full and accurate disclosure of each person's financial and family circumstances, and give each person a fair opportunity for independent review. A prenuptial agreement cannot vary the responsibilities of either spouse for child support under the Florida guidelines.
Whether you need an attorney to draft a prenup, advice about the terms of a prenup you've been asked to sign, documentation for an agreement you and your intended have already worked out, or a reliable opinion about the enforceability of an existing agreement in court, Douglas E. Spiegel, PA. can help you.