Whether you call it a prenuptial agreement, prenup, or premarital agreement, these documents are simply contracts between two unmarried people that decide the terms of a divorce before the couple marries. There are many reasons why you should consider a prenuptial agreement. Among the main reasons are:
- One or both parties have substantial assets to protect (since the separate property may become marital property during the marriage)
- To protect a child from a previous relationship’s future inheritance
- To remove some of the animosity and financial uncertainty from a future potential divorce
Most clients want to know if prenuptial agreements will stand up in court. Generally, the answer is yes – as long as the agreement was prepared correctly. A prenuptial agreement could be invalidated in the following situations:
- Failure to make a full financial disclosure
- Existence of fraud, duress, or coercion
- Failure to make adequate provisions for the spouse with less assets
The case law that has developed around these situations is extensive. You should consult with an experienced Prenuptial Agreement Lawyer in Jacksonville FL to learn more about these agreements.
