Marriage should be a beautiful experience, that most couples hope would last forever, but sadly, divorces occur more frequently than we’d imagine. For example, the American Psychological Association reports that 40% to 50% of first-time marriages end in divorce, and the divorce rate for subsequent marriages is even higher.

The thing is, that when a marriage ends, problems can arise quickly. Usually, according to the practice of equitable distribution. assets are likely to be divided approximately 50/50. However, it doesn’t mean that that’s the only way to go about it.

Couples in the state of Florida who want a more decisive and clear picture of how marital properties would be divided in the events of a divorce or other instances such as the death of one of the partners can opt to use a Prenuptial Agreement.

A Prenuptial Agreement is essentially a contract the couple signs before the marriage, where the distribution of assets, debts, alimony and other issues are determined in the events of a divorce. What makes this contract a good option for couples is that it allows them to put forth the terms of the divorce, rather than having a judge dictating the distribution of assets and the amounts of spousal support awarded, establishing the terms of a possible separation and avoiding a potential expensive litigation.

Florida‘s law on prenuptial agreements follows the Uniform Premarital Agreement Act, which was adopted by the National Conference of Commissioners on Uniform State Laws in 1983 to standardize prenuptial agreements across the country.

A solid prenuptial agreement will not only account for the assets at the time of the marriage but will also consider the potential for future income and accumulation of assets. It must be noted that a Florida Prenuptial Agreement cannot be modified, so careful planning and diligence are strongly recommended.

However, some issues cannot be determined by a postnuptial agreement in Florida, such as child custody rights, as they can’t be determined before an active child custody case.

In the state of Florida, prenuptial agreements are considered enforceable contracts; however, they can be challenged or voided before a judge in their entirety or specific provisions, based on duress, coercion, failure to disclose assets, or fraud.

Like all contracts, you need to have a divorce attorney Orlando you can trust when entering a prenuptial agreement, so he can inform you about the agreement’s benefits and disadvantages because once they are executed, they can’t be modified; so be sure to proceed with care.

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