Sample Premarital Agreement Florida
Keep it in the family. If you are worried about having children from a previous relationship as a beneficiary, be sure to spell it out in a marriage contract. In the absence of a prenup, your partner may receive some of the inheritance that you are expecting or have already received. Our online prenup builder helps reduce the time charged by expensive lawyers. Before hiring a lawyer, first use our client to create and print a marriage contract that they can verify. If you or your spouse have a dwelling (separate or shared), you can indicate in a marriage contract how the property is to be affected. You can decide whether the property should be separated or shared. As a general rule, the party wishing to enforce the agreement has the burden of proof of full disclosure. If the presumption is not rebutted by evidence, the agreement as a whole may be annulled or limited to certain provisions. However, if there is sufficient evidence to rebut the presumption of non-disclosure, the agreement is enforceable, regardless of the unfairness of the contractual terms. It is therefore highly recommended that you appoint a Tampa divorce attorney to assist in the preparation of the marriage contract. An experienced lawyer can help ensure that the agreement stands up to judicial review.
The conclusion of a marriage is a life-changing event, which each party hopes will last forever. However, divorces are more common than couples want, making marriage contracts a necessity. For example, the American Psychological Association reports that 40 to 50 percent of births end in divorce. In addition, the divorce rate for second or subsequent marriages is even higher. See the American Psychological Association. They avoid family obligations. Any couple who wishes to pre-emptively limit the future rights of custody or access to children should think twice before they can commit to a marriage contract. A prenup should not be used to waive maintenance, alimony or spousal maintenance. According to the Supreme Court`s June 2015 ruling in Obergefell v. Hodges and the legalization of same-sex marriage across the country, the IRS entered into same-sex marriages for federal tax purposes. According to a 2013 Forbes article, same-sex couples would have benefited from a marriage contract even before the pioneering Supreme Court decision.
You don`t need a prenup lawyer for the agreement to be legally binding. If both partners choose not to have a lawyer, they can waive the right of legal representation. By avoiding the right to get "independent legal advice" from a lawyer representing each person, you both agree with the following statements: Modern couples from all walks of life are increasingly turning to marriage contracts. . . .