Common Mistakes to Avoid with Your Florida Prenuptial Agreement
With more and more couples choosing to have a prenuptial agreement in place before they marry, it’s crucial to ensure there are no mistakes in your agreement. Mistakes can be costly and even render your agreement unenforceable if you do get a divorce. Working with an experienced Pompano Beach prenuptial & postnuptial agreement attorney can ensure that your contract is legal and should be held up in court if challenged.
Creating a Florida prenuptial agreement doesn’t have to be difficult, provided you avoid some of the most common mistakes some couples make.
Not Talking About It Early On
Some people feel like they need to find roundabout ways to bring up a prenuptial agreement. Because it’s not as fun as talking about wedding plans, it often gets left until the last minute. You and your partner should be able to have an open conversation about finances. If you approach the situation days before the wedding, your spouse could claim later that they signed under duress.
You Included Topics that Prenups Cannot Legally Address
There are a lot of things your prenup can cover and a few significant ones it can’t. Two of the most important things that your marital agreement cannot address are child custody and child support. The Court has the final say on child support and custody matters. Adding them to your prenup would go against public policy.
You cannot include terms that would require your spouse to commit an illegal act, nor can the agreement be totally unfair or one-sided. It’s crucial to have an experienced lawyer review it otherwise a mistake in terminology could get all or a portion of your entire agreement invalidated by the Court.
You Both Use the Same Lawyer
Avoid using the same lawyer if possible. Both parties should feel comfortable with the agreement. Using the same lawyer makes that challenging. Having separate attorneys review the agreement is almost essential to avoid problems down the line if you do need to enforce it.
Don’t Disclose All Your Assets and Debts
Failure to disclose all your assets and their values could create issues with enforcing a prenuptial agreement. Get all your financial statements together, a few years of your tax returns, etc. You also need to disclose all your liabilities, such as credit card debts, student loans, auto loans, mortgages, etc.
Contact a Pompano Beach Prenuptial Agreement Attorney
When you work with an experienced attorney, you can eliminate these common mistakes and more. If you are going to the trouble to have a prenuptial agreement in place, don’t risk it not being enforced down the line. Contact Mark R. Manceri, P.A. today to schedule an initial consultation.