Why You Want To Consider Consulting A Lawyer To Draft A Prenuptial

Agreement

For many years the idea of a prenuptial agreement was often considered a lack
of trust in each other. However, in recent years the divorce rate in the US has
hovered near 50% of all marriages and higher in second and beyond marriages.
The fact that “until death do us part” seems to mean until the death of the
marriage rather than the couple, there has been a steady increase in divorce and
looking to greener pastures. Unfortunately, most divorces are difficult, and
sometimes a party will lose assets and or become saddled with debt, which, had
there been a prenuptial agreement, could have been prevented.

While it is true a couple can create their own prenuptial agreement, it is not that
easy to create a valid one. Each state has its own rules and guidelines for
determining if a prenuptial agreement is valid and acceptable in court should
that become necessary. In fact, in many cases, if all the t’s are not crossed and
the i’s are not dotted, a prenuptial agreement will be set aside and not honored
by the judge. Of course, there is a cost to use a lawyer to draft a prenuptial
agreement, but in today’s legal jungle, the cost will be well worth it.

To give you an example of just how complicated a prenuptial agreement can be,
here are the requirements in the state of Florida:
 The prenuptial agreement must be in writing. No other form, such as a
recording, will be accepted.
 Both parties must sign the prenuptial agreement.
 The prenuptial agreement must be witnesses.
 The prenuptial agreement must be notarized.
 Neither party can force or coerce the other party in any way, either in the
wording or the signing. If even at a later date this deception can be proven,
the entire document will be thrown out.
 One party cannot have a high-end attorney, while the other party cannot
afford an attorney of comparable stature. It is wise for a party with plenty
of money to help the other party obtain a good lawyer. A prenuptial
agreement can be disqualified if a judge finds one party had a legal
advantage over the other.
 Should either party not speak or understand English, the correct
interpreter must be available at the signing to read and explain the entire
document and to witness the signing. Failure to do so will invalidate the
prenuptial agreement.
 An in-depth financial disclosure must accompany the prenuptial
agreement, and should there be found to have been any misinformation,
lies, or unreported facts, the prenuptial will become null and void.
So, as you can see, it is very important to, as they say, “have all your ducks in a
row” when it comes to drafting a prenuptial agreement that will be acceptable in
court. A Family Law Lawyer will be experienced and able to help you draw up a
prenuptial agreement that will meet your state’s requirements. Your money will
be well spent should you need such a document.