Prenuptial Agreements Attorney in Orlando, Florida

Marriage is a major life event that’s celebrated for commitment to your partner and the promise of a shared future. And while no one should ever approach marriage not expecting it to last, thinking about the prospect of a possible future divorce is a thing any responsible adult would do.  

At The Spence Law Firm, we understand that while love is the foundation of marriage, it is crucial to address the practical aspects of a union. And this includes considering drafting a prenuptial agreement before you and your partner say, “I do.”

Contrary to popular belief, getting a prenuptial agreement doesn’t necessarily go against the couple’s intentions of staying together forever. Our prenuptial agreement attorney in Orlando, Florida, helps couples start their new life together on firm footing and a foundation of financial security and trust.  

What Is a Prenuptial Agreement?

With marriage comes the need to create marital agreements. A prenuptial agreement, or simply a "prenup," is a legal contract created by soon-to-be-spouses before marriage that outlines how a couple's assets will be split in the event of a divorce. It provides clarity and security for both parties by setting clear boundaries and expectations. 

What Goes Into a Prenuptial Agreement?

A comprehensive prenuptial agreement can include the following components: 

• Property division: Determining how assets and debts will be distributed. 

• Spousal support: Outlining any alimony arrangements. 

• Estate planning: Analyzing inheritance rights and protecting family heirlooms. 

• Business interests: Shielding any personal business ventures from being affected by marital issues. 

• Debt protection: Ensuring that one's partner doesn't inherit personal debts. 

What a prenup should and shouldn’t contain depends on your circumstances and priorities. At The Spence Law Firm, our goal is to tailor each agreement to meet the specific needs of our clients, ensuring that no detail is overlooked.

Who Should Consider a Prenuptial Agreement?

Contrary to popular belief, prenuptial agreements aren't just for the wealthy. Those who should consider a prenup include: 

• Individuals with significant assets or debts 

• Business owners or entrepreneurs 

• Parents who wish to protect their children's inheritance 

• Those entering a second or subsequent marriage 

• Couples with disparate incomes or financial backgrounds 

• Anyone desiring financial transparency before marriage 

At The Spence Law Firm, we believe that anyone who values clarity and financial security in marriage should consider this agreement. Our Orlando prenuptial agreements attorney works diligently to ensure our clients’ wishes are carried out when drafting a prenup.  

What Happens if You Sign a Prenup and Get a Divorce?

If a divorce occurs, the prenuptial agreement dictates the division of assets and any spousal support arrangements, provided the agreement is deemed valid and enforceable. This reduces litigation costs and conflict by offering a predetermined resolution framework. By providing clear guidelines, a prenup allows both parties to move forward with greater ease and less stress. 

The Requirements of a Valid Prenuptial Agreement in Florida

Under Fla. Stat. § 61.079, for a prenuptial agreement to be enforceable in Florida:  

1. It must be in writing, clearly outlining its terms and conditions; 

2. Both parties must sign voluntarily without duress or coercion; 

3. The agreement must be reasonable and should not be unconscionable at the time of enforcement; and 

4. It must be validated by marriage, as the agreement only becomes effective upon marriage. 

At The Spence Law Firm, we are committed to ensuring that each agreement we prepare for our clients complies with these standards, securing its legitimacy and enforceability. 

What a Prenuptial Agreement Doesn’t Cover

While prenuptial agreements are powerful tools for financial planning, there are certain areas they do not cover. Specifically, there are limitations to what can be included in a prenup, such as: 

• Child custody arrangements or child support obligations 

• Personal matters unrelated to finance or property 

• Provisions that encourage divorce 

Our Florida prenuptial agreements attorney always ensures our clients are fully informed of these limitations when structuring their prenup to avoid surprises down the road.  

Is It Possible to Modify a Prenuptial Agreement Later On?

Yes, it is possible to modify a prenuptial agreement post-marriage, provided both parties agree to the changes. When circumstances evolve, your prenup should reflect those changes. Whether it's due to financial growth, business developments, or family expansion, updating your agreement can be crucial. Modifications must be made in writing and signed by both parties to be valid and enforceable.  

When Do You Need a Prenuptial Agreement Attorney?

Consider working with a prenup attorney if: 

• You need guidance on drafting a fair and comprehensive agreement 

• You're unsure about the legal implications of certain clauses 

• You require assistance in negotiating terms with your partner 

• You wish to ensure the agreement is legally enforceable 

• You need to amend an existing prenuptial agreement 

Our team at The Spence Law Firm is dedicated to offering personalized advice and support, ensuring your rights and interests are protected throughout the process. 

Why Choose The Spence Law Firm?

At The Spence Law Firm, we bring over 25 years of experience in family law, making us a trusted partner for your prenuptial agreement needs. We pride ourselves on: 

• Honest communication: Transparent and open dialogue with clients. 

• Attention to detail: Every aspect of your case is handled with precision.  

• Sensitive and confidential service: Your privacy and concerns are paramount. 

• Customized solutions: Tailoring agreements to your unique needs. 

• Stellar results: A proven track record of success, as evident from our testimonials.  

Trust The Spence Law Firm to guide you through the details of prenuptial agreements with personalized attention and compassion. Our attorney clients throughout Orange County, Osceola County, Seminole County, and Lake County. Reach out today for a free consultation to discuss how we can help you.