Making and Breaking Premarital Agreements in Florida
Granted, there is nothing romantic about a premarital agreement. Yet these pacts are increasingly common, especially among Millennials.
A premarital agreement is basically an insurance policy against a protracted and expensive divorce. Although no one expects to die early, most people have life insurance. Similarly, a premarital agreement does not mean you anticipate or desire a divorce. It just means you are prepared for such an event if it happens.
Moreover, Florida laws are much more streamlined in this area. The Uniform Marital and Premarital Agreements Act has made the laws less confusing and outcomes more predictable, in both different counties and in different states.
What Premarital Agreements May Cover in Port St. Lucie
Money is generally the leading cause of marital strife. The immediate problem could be excess money or a lack of money. The underlying problem is usually emotional. Some people are spenders, and some people are savers. There is nothing inherently wrong with either approach, but they do clash frequently.
Premarital agreements settle most money matters, so they never have a chance to infect your relationship. Additionally, spouses may modify premarital agreements at any time. So, an annual checkup with a Port St. Lucie family law attorney may be a good idea. As your financial picture changes, your property agreement can change as well.
Moreover, due to the persistently high divorce rate, many people have been married before. These individuals should always at least seriously consider a premarital agreement. Since a marriage dissolution cuts off all inheritance rights, at least in most cases, a premarital agreement can clarify inheritance and succession matters. These issues are particularly important if the couple has a family business.
Furthermore, because many people have been married before, they may have bad memories of a bitter divorce. A premarital agreement is a good way to avoid such litigation.
Premarital agreements can cover many other issues as well. Child support and child custody are about the only off-limits areas. These determinations involve the best interests of the children, and not the best interests of the parents.
Breaking Premarital Agreements in Florida
If both spouses have independent Port St. Lucie family law attorneys through the whole process, and neither party springs the agreement on the other spouse at the last minute, Florida judges usually uphold them under the UMPAA. But there are some exceptions:
- Involuntary: Agreements are involuntary if one part did not know exactly what s/he was signing. So, if one spouse withheld important financial information, the agreement may be legally involuntary.
- Unconscionable: This word also has a specific meaning in this context. Unconscionable is not the same thing as uneven. Only divisions in the neighborhood of “I get all the assets and you get all the debts” are unconscionable. Furthermore, the agreement must have been unconscionable when it was made. Subsequent events, like rising stock value, do not invalidate an otherwise kosher agreement.
Most premarital agreements include severability clauses. So, if a judge throws out one part, the rest remains in force.
Reach Out to a Diligent Lawyer
Premarital agreements make marriages stronger and possible divorces easier. For a free consultation with an experienced Port St. Lucie divorce attorney, contact Eighmie Law Firm, P.A. Convenient payment plans are available.