Tampa Prenuptial Agreements Lawyer & Tampa Postnuptial Agreements Attorney
What is a Prenuptial (Premarital or Antenuptial) Agreement?
A prenuptial (premarital or antenuptial) agreement in Florida is a written contract that two people who are planning to marry voluntarily sign before their marriage. The contract becomes effective upon their marriage and ends on the date they specify in their agreement.
Prenuptial (premarital or antenuptial) agreements are most often used in Florida to:
- Preserve family fortunes for children from an earlier marriage
- Eliminate or limit future spousal alimony
- Protect a spouse from personal liability for the other spouse’s business
- Keep a party’s income or property separate (preventing the creation of marital or "community" property)
To be valid, a Florida prenuptial (premarital) agreement must be:
- In writing; and
- Signed voluntarily by both parties.
A premarital agreement is not enforceable if the person against whom enforcement is requested proves that:
- He or she did not sign the agreement voluntarily;
- The agreement was a result of fraud, duress, coercion, or overreaching; or
The agreement was unconscionable when it was signed and, before he or she signed, he or she:
- Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
- Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
What are Postnuptial Agreements?
A postnuptial agreement or voluntary settlement agreement is a voluntary agreement made after marriage that permits a spouse to convey any property to which he has title to the other spouse, so long as the transfer does not affect the rights of creditors or prior purchasers of the property without notice. In Florida, the law on postnuptial agreements is not well developed, so if you are considering entering this type of agreement, then it is very important to consult with a knowledgeable Tampa postnuptial family lawyer.
Premarital and postmarital agreements in many states can be changed in writing by the agreement of both parties, but they are universally very difficult to overturn. For this reason, it is critical for both parties to get advice about their rights from their own separate prenuptial or postnuptial agreement lawyers in Tampa, Hillsborough County, Florida before signing any prenuptial (premarital) or postnuptial (postmarital) agreement.
How do I know what my property is worth before I enter into a prenuptial or postnuptial agreement?
You will want to know and understand what rights to property you are gaining and what you might be giving away before you sign a prenuptial or postnuptial agreement. In order for an agreement to be enforceable, the parties to a premarital or postmarital agreement in Florida must have the opportunity to receive a full disclosure of their property and financial obligations. For some, getting this information may require having specific property, or even their entire estate, appraised. Here are some Tampa area jewelry and business appraisers.
Alvin Magnon Jewelers
606 S Dale Mabry Highway
A Village Stamps & Coin
1747 W Fletcher Avenue
9115 Little Road
New Port Richey, FL 34654
Dale's Coins & Jewelry
245 Main Street
Dunedin, FL 34698
2223 N West Shore Boulevard
Tampa, FL 33607
Gemological Appraisers of America
1715 N. Westshore Boulevard Suite 925
Tampa, FL 33607
7846 Citrus Park Town Center Mall M
Tampa, FL 33625
Florida Gold Buyers
10240 Palm River Road
Tampa, FL 33619
405 N West Shore Boulevard
Tampa, FL 33609
Gold & Diamond Source
3800 Ulmerton Road
Clearwater, FL 33762
Florida Business Valuation Group
3475 Sheridan Street, Suite 303
Hollywood, FL 33021
Call now to speak with a qualified Tampa prenuptial and postnuptial family law and divorce attorney today.
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