CONTACT US

ORLANDO LOCATION

Llabona Law Group, P.A.
1309 East Robinson Street
Orlando, FL 32801
Telephone: (407) 894-6003
Facsimile: (407) 897-7004
E-mail Us
Directions

KISSIMMEE LOCATION

Llabona Law Group, P.A.
813 Bryan Street
Kissimmee, FL 34741
Telephone: (321) 697-5050
E-mail Us
Directions

Orlando Prenuptial Agreement Attorney

Financial circumstances frequently become a point of contention in a marriage. Being open and frank about finances before you exchange vows provides an opportunity to develop a mutual understanding early in your relationship. If some decisions are made beforehand, there may be fewer reasons for arguments later. Prenuptial agreements are a sign of mutual trust and respect. They offer couples an opportunity to offer full disclosure about the assets, debts, and property they bring to a marriage. When a couple enters a prenuptial agreement, partners in a marriage protect themselves and each other.

Contact a prenuptial agreement attorney in Orlando, Florida to assist you with outlining the terms of your agreement. Attorneys Lusan and Nelson Llabona handle prenuptial and postnuptial agreements that are valid and enforceable. Finances are an essential consideration in any relationship. At the Llabona Law Group, our prenuptial agreement lawyers can help you protect your marriage, your children, and your assets.

Prenuptial Agreements

Couples often engage in prenuptial agreements when they:

  • Begin second marriages
  • Have significant assets or business interests
  • Want to decide in advance how to handle finances peaceably in the event of a divorce
  • Wish to protect a child’s property or inheritance rights

Florida Statute Section 61.079 governs the premarital agreements (also known as prenuptial agreements). Prenuptial agreements determine in advance how property will be divided in the event of a divorce. As long as these agreements are properly drafted, they are respected by Florida courts.

  1. Deciding in advance how marital property should be divided in the event of a divorce. By drafting a premarital/prenuptial agreement, you can bypass Florida law when it comes to the distribution of marital property and debts in a divorce. The agreement can help avoid disputes and surprises, especially when it comes to assets you want to protect, such as a family business or a vacation home.
  2. Protecting a child’s property rights and inheritances if the parents becomes divorced or in the event of a parent’s death. Suppose you have children from a prior marriage. In that case, you may want to draft a premarital/prenuptial agreement to protect your children’s property rights should you should die or divorce. There have been numerous cases in Florida and other states where a stepparent disinherited a former spouse’s children in favor of his or her children.
  • Note: Parties are free to contract away their property rights and even post-dissolution alimony. However, in the State of Florida, you cannot waive temporary alimony or temporary attorney’s fees should a dissolution of marriage action occur. Furthermore, provisions in a prenuptial agreement concerning children’s issues are always subject to the Court’s changes. For example, parents cannot waive a child’s right to child support.

Postnuptial Agreements

Postnuptial agreements are similar to prenuptial agreements. The main difference is that they occur after marriage. Sometimes, a spouse is unaware of the premarital debts or financial condition of the other spouse. Postnuptial agreements can often be used to protect a partner from incurring a spouse’s debts. They are also used frequently by individuals entering into a second or third marriage to protect the interests of children from a previous marriage. Postnuptial agreements offer spouses the opportunity to be equitable and forthright with each other about their finances.

You May Wish to Enter a Postnuptial Agreement to:

  • Protect yourself or your spouse from incurring debt
  • Define and protect a child’s inheritance or property rights from a previous marriage
  • Outline the role finances could play in the event of a separation or divorce

Validity of a Marital Contract

A premarital, or antenuptial agreement cannot be a product of fraud, duress, misrepresentation, deceit, coercion, or overreaching. An agreement can be modified or set aside by establishing that the contract was entered into under any of these circumstances. Each party must execute the agreement voluntarily and knowingly. Contact us to help you understand the conditions under which a Court may invalidate a premarital agreement.

Central Florida Prenuptial and Postnuptial Agreement Attorneys

Prenuptial and postnuptial agreements can be as unique as the couple that creates them. At Llabona Law Group, we represent our clients’ best interests. We address how properties, retirement accounts, inheritances, businesses, and all other separate and comingled assets and debts would be distributed within premarital and postnuptial agreements.   These details provide our clients with peace of mind, knowing that their wishes are accurately reflected and their rights are protected. Other essential items to include in the contract are the terms of alimony, also known as spousal support or maintenance in the event of a divorce, and safeguarding children’s rights.

Planning for the unexpected is a practical way to begin your life’s journey with another. Contact Llabona Law Group at our Orlando, Florida office for skilled legal counsel regarding prenuptial and postnuptial agreements. We want to protect you and your loved ones.

×
What Our Clients Are Saying