West Palm Beach Prenuptial Agreement Lawyer

West Palm Beach Prenuptial Agreement Attorney

Prenuptial agreements are becoming more popular as people are marrying smarter. Couples are showing a tendency to be more practical and careful when making important life decisions. If you’re considering making a pre- or postnuptial agreement, hiring the right West Palm Beach prenuptial agreement lawyer can make all the difference in your experience.

The Law Office of Rosalie M. Cruz P.A. has a different perspective on family law than many of the other attorneys in the West Palm Beach area. We believe in helping families find a stable resolution, so they not only resolve their differences but also grow in the act of compromise. We support making informed decisions because this is the key to positive outcomes that support all parties as much as possible.

What Is a Prenuptial Agreement?

Florida statutes define a premarital agreement as a contract that prospective spouses made before marriage that is not effective until after marriage. It is not a requirement for marriage in West Palm Beach, but some couples see it to relieve some financial worries they have about marriage beforehand and to hopefully avoid disputes down the road in the event of a potential divorce.

The trend is on the rise, with 15% of US married or engaged individuals reporting that they have signed prenups.

What Does a West Palm Beach Prenuptial Agreement Lawyer Do?

A West Palm Beach prenuptial agreement lawyer assists couples who plan to be married in drafting a contract that outlines the agreements between both parties in the event of divorce. The agreement will specify decisions related to asset division, spousal support, and more. When one or both parties have a significant amount of assets and/or debts going into the marriage, a prenup is recommended.

A prenup agreement lawyer can help individuals protect their personal property and assets, help them define the financial responsibilities and expectations of the relationship from the perspective of both parties, preserve family businesses or heirlooms, and alleviate the pressure that many couples feel regarding getting married and combining their assets.

One of the most common areas that a prenuptial agreement addresses is asset ownership, which defines the ownership of assets prior to the marriage, legally making them remain under their original ownership if the marriage ends. It can also address the ownership of assets obtained after the marriage began, such as retirement accounts, life insurance policies, and living trusts.

Another is the division of property, which is one of the biggest areas of argument in divorce. Determining this ahead of time can avoid potential delays in divorce later and save on the overall cost of a hypothetical divorce.

A West Palm Beach prenuptial agreement lawyer can also help both individuals establish the rights and obligations of each party. Having these in writing and clearly communicated to a partner can be influential in marriage, facilitating communication and avoiding conflict. Facilitating full disclosure when it comes to finances can build trust before marriage that will flourish thereafter.

They can also assist in defining how debts will be handled, which can protect one party from responsibility for the other party’s debts. Additionally, an attorney can customize a prenuptial agreement to suit the specific needs of the couple. Generic or wrongly worded agreements may not be compliant with state laws and can be easily challenged in court.

One historic Supreme Court of Florida case, Hahamovitch v. Hahamovitch, showed just how easily the wording in a prenuptial agreement can be interpreted by one district court to benefit one party and interpreted in an entirely different way by a different district court to benefit the other party. An experienced West Palm Beach prenuptial agreement lawyer can ensure your marital contract is compliant with state laws and precedent cases.

Do Both People Need an Attorney to Get a Prenuptial Agreement?

In Florida, it is not required that both parties have separate legal representation when drafting a prenup. However, it is recommended that they have separate attorneys for the protection of both parties. It is the most balanced way to enter into such an agreement, as having one attorney can lead to the agreement being more in favor of one client.

Under the Florida Family Rules of Procedure, premarital agreement documents must be served by one party to the other before a judge can proceed, much like a petition for divorce. In this case, it is a very good idea to have a lawyer assist you, especially if the other side is in opposition and has hired an attorney to challenge your original agreement.

FAQs

Q: How Much Does a Prenuptial Agreement Cost in Florida?

A: The cost of a prenuptial agreement in Florida can vary. Many factors can affect the final price, especially if the assets of the individuals are complicated. When professionals such as appraisers or accountants need to be consulted for high-asset cases, the cost can increase significantly. However, if the couple is agreeable to the terms and doesn’t have a lot of debts or assets, the cost is usually an affordable investment in a solid marriage.

Q: How Much Does It Cost to Have a Lawyer Write a Prenup?

A: The cost for a prenup write-up can vary and depends on the attorney’s fee structure. Some may charge a flat fee for drafting a prenup or per-hour legal service. If there are more complex issues, the prenup may cost more. If it is just a write-up or if extensive legal counsel is needed to assist the couple in coming to terms, that may cost less. Discussing your specific circumstances can help estimate the costs you could incur.

Q: Do You Need a Lawyer for a Prenup in Florida?

A: Florida state law does not require individuals who plan to marry with a prenup to have a lawyer draft their agreement. It is highly recommended, though, as there are several explicit details that must be included in the proper wording when writing these types of contracts; otherwise, the contract could be null and void and thrown out of court amid potential divorce proceedings later.

Q: What Is the 7-Day Rule for Prenuptial Agreements?

A: Florida does not have a seven-day rule. Rather, state law requires that a prenup be signed by both parties before the wedding, having given both parties enough time to review the conditions of the agreement. A good rule of thumb is to plan for at least a month’s time between signing the prenup and getting married.

Contact a trusted West Palm Beach Prenuptial Agreement Lawyer at Rosalie M. Cruz, P.A. today.

Because the purpose of a prenuptial agreement is such an important contract between a couple, it must be crafted with care. Choose a qualified and compassionate West Palm Beach prenuptial agreement lawyer to draft your prenuptial agreement, contact the Law Office of Rosalie M. Cruz P.A., and get tailored solutions to your prenuptial needs.