Reputable Jacksonville Prenuptial and Postnuptial Agreement Attorney
Jacksonville / St. Johns Lawyer for Marital Agreements
Having a qualified Jacksonville premarital agreement lawyer draft a prenuptial agreement can be a smart solution for many couples who are about to be married in the State of Florida. The couple can choose to make their own rules rather than rely on the Florida laws that generally apply to everyone. Marital agreements can also be a vital part of a couple’s estate plan that includes wills, trusts, and advance directives. A prenuptial or postnuptial agreement can help to protect assets and provide for loved ones in the event of death, divorce, or incapacitation. At the Jacksonville, FL, law office of Beller Law, PL, our Jacksonville postnuptial agreement attorney and prenuptial lawyer works closely with couples to help them draft agreements and contracts specifically tailored to the married couple’s needs.
Prenuptial/Premarital Agreements in Jacksonville
A prenuptial agreement can be an important part of an estate plan — controlling what happens to your property and other assets in the event of a death or divorce. Although you may never need to use a prenuptial agreement, many couples find peace of mind in discussing the often difficult issues of money and property. Blended families with stepchildren and adopted children often find prenuptial agreements particularly helpful. The Jacksonville prenuptial lawyer at Beller Law, PL, is skilled at guiding couples through creating prenuptial agreements. We explain Florida law that may apply to your situation and draft a document that you’ll understand and that truly meets your needs. Many people find it difficult to discuss a prenuptial agreement with their betrothed. The experienced family legal matters and estate planning legal team at Beller Law, PL, can recommend ways to broach the subject with your soon-to-be spouse. Oftentimes, your Jacksonville prenuptial attorney will be on hand when the document is executed.
Relationship and Domestic Partner Agreements
When unmarried couples own a significant piece of property together — like a home or a business — many choose to have an experienced Jacksonville prenuptial or postnuptial attorney draft a domestic partner agreement for them. Over the years, we have helped many Northeast Florida clients create relationship contracts that plan for dispositions of property just in case the unexpected happens.
Postnuptial and Property Settlement Agreements
Couples can experience financial and relationship problems that prompt them to divide up some or all of their property without divorcing. The Jacksonville postnuptial agreement attorney at the Duval County law firm of Beller Law, PL, will review the circumstances and needs of our clients to prepare the appropriate documents to protect our clients’ interests.
What Marital or Postnuptial Agreements Can Cover
In Florida, marital agreements can address many issues, such as the following.
Division of Property
Your marital agreement allows you to determine how to divide your assets in case of divorce or death. Without your own enforceable agreement, the divorce court lets each spouse keep their nonmarital assets and divides marital assets and debts according to what it believes is equitable. Marital assets are assets that spouses obtain while married, regardless of whether they received the assets together or how they are titled. In your agreement, you and your significant other can decide what property will be marital property and what will remain separate.
Probate courts divide assets according to the directions in a spouse’s will or according to what Florida’s intestate succession laws say when a spouse dies without a will. If someone passes without a will, the following typically happens:
- The living spouse inherits the entire estate if the deceased had no children;
- The living spouse inherits the entire estate if the deceased’s only children are the living spouse’s children; and
- The living spouse inherits half of the estate if the deceased had children who didn’t come from the living spouse.
If the above-listed inheritance scheme doesn’t work for you, a will or a marital agreement can be an effective tool to make changes. Premarital and marital agreements that have terms for distributing your property after death are enforceable in probate courts. Also, marital and premarital agreements can override wills under certain circumstances. A Jacksonville premarital agreements attorney from Beller Law, PL, can help ensure you have enforceable legal documents to honor your wishes after a breakup or your passing.
Spousal Support or Alimony
Obtaining an order from the family law court can be an intense process without a marital or premarital agreement. The court must decide whether the receiving spouse needs alimony and review many factors, such as:
- The standard of living the spouses had during their marriage,
- Each spouse’s obligations regarding child care,
- The length of the marriage,
- Each spouse’s resources and income,
- The health and age of each spouse,
- Each spouse’s earning capacity,
- The contributions (financial and non-financial) each spouse made during the marriage, and
- The paying spouse’s ability to pay.
You can bypass this court process by including alimony terms in your marital agreement.
Debt Responsibility
Florida family courts divide debts the same way they divide property when couples divorce. They only divide marital debts between the couples, and they divide them equitably. With a marital or premarital agreement, you and your spouse or fiance can decide who is responsible for debts incurred before or during the marriage.
Business Interests
Business and romance can be a complex mixture. But blending the two can be rewarding and simple when you make good plans. You can protect a business owned by one or both spouses through a marital or premarital agreement. You can also spell out how you and your spouse will carry on a joint business or handle business proceeds after a split or tragedy.
What Is Necessary for a Valid Marital Agreement?
For a marital agreement to be legally enforceable in Florida, it must meet specific requirements. These requirements typically include:
- A document that is written and signed. Agreements must be in writing and signed by both parties. If it is meant to override a will, it might need to be signed in the presence of two witnesses.
- Entered into voluntarily. Both parties must enter the agreement willingly, without coercion, duress, or fraud.
- Based on full disclosure. Each party must provide a fair and complete disclosure of their assets, debts, and financial obligations. Couples can also explicitly waive this requirement in the agreement.
- Existence of fair and reasonable terms. The terms of the agreement must not be unconscionable at the time it is signed. If an agreement is deemed extremely unfair or one-sided, the court might not enforce it.
- Entered into by parties with legal capacity. Both parties must have the legal capacity to enter into a contract. This means that they are adults who are conscious and understand the terms and consequences of the agreement.
Florida contract laws allow couples to customize financial matters to fit their unique needs. However, these agreements cannot include provisions that violate public policy. For example, agreements cannot adversely affect child support rights.
Our Jacksonville premarital agreement lawyer team at Beller Law, PL, has decades of experience to bring you the best results in any family matter. We can ensure that the premarital or marital agreements you enter are favorable to you and enforceable in a probate or family law court. Contact a Jacksonville postnuptial agreements lawyer from our firm today.
Contact the Experienced Jacksonville Prenuptial and Postnuptial Agreement Lawyer of Beller Law, PL
Attorney Rebeccah Beller of Beller Law, PL, also handles clients with other types of cases, including:
- Divorce,
- Uncontested Divorce,
- Collaborative Law,
- Modification of child support and alimony,
- Paternity,
- Guardianships,
- Estate Planning and Probate,
- Probate, and
- Wills & Trusts.
Contact our Jacksonville postnuptial agreements lawyer at our office. We can talk to you about a full range of instruments to help you and your loved ones create prenuptial or premarital agreements, relationship and domestic partner agreements, separation agreements, and postnuptial agreements.