{"id":82,"date":"2019-09-06T17:02:26","date_gmt":"2019-09-06T17:02:26","guid":{"rendered":"https:\/\/www.sherbertlaw.com\/blog\/?p=82"},"modified":"2019-09-06T17:02:26","modified_gmt":"2019-09-06T17:02:26","slug":"faqs-about-marital-agreements","status":"publish","type":"post","link":"https:\/\/www.sherbertlaw.com\/blog\/faqs-about-marital-agreements\/","title":{"rendered":"FAQS About Marital Agreements"},"content":{"rendered":"\n

Whether you are preparing to marry or already have, you may be wondering about your options for implementing a marital contract. Such contracts are commonly referred to as prenuptial<\/em> and postnuptial<\/em> agreements<\/em>, both of which can provide a long list of benefits for both spouses who may be entering into or leaving a marriage. If you are considering seeking out a marital agreement, even if you have already wed, you have few options to choose from. However, your options will depend on a wide range of factors, including the state you live in, the congeniality between you and your spouse, and more. <\/p>\n\n\n\n

To help you better understand the concepts of prenuptial and\npostnuptial contracts, review the most frequently asked questions about\nmarriage agreements, below.<\/h2>\n\n\n\n
\"Orlando
Orlando Prenuptial Agreement Lawyer 407-887-7058<\/figcaption><\/figure>\n\n\n\n

What is a Prenuptial Agreement?<\/h1>\n\n\n\n

Also called a prenup<\/em>,\na prenuptial agreement is a type of marital contract between two spouses that\nestablishes rights to finances and property in the case of divorce. This\ncontract is formed BEFORE a couple weds, hence the prefix.<\/p>\n\n\n\n

What is a Postnuptial Agreement?<\/h1>\n\n\n\n

Also called a postnup<\/em>,\na postnuptial agreement is a type of marital contract that is formed AFTER a\ncouple weds. Just like a prenuptial agreement, this contract is made between\ntwo spouses and establishes rights to finances and property in the case of\ndivorce. <\/p>\n\n\n\n

Do I Need a Premarital Agreement?<\/h1>\n\n\n\n

Most people think the purpose of a marital agreement is to protect the assets of the wealthier spouse, but they can also serve several other functions, such as protecting family businesses, inheritances, and more. In fact, some commonly seen clauses in prenup and postnuptial contracts are debt protection, savings contributions, finance and property division, clarification of financial responsibility, alimony, asset protection (businesses, family heirlooms, etc.), retirement, tax return filings (income, deductions, claims, etc.), life insurance and benefits after a death, and more. Talk to a Florida family lawyer for help deciding whether or not a marital contract is right for you.<\/p>\n\n\n\n

Why Do Married Couples Get a Postnup?<\/h1>\n\n\n\n

Postnuptial agreements can also be used as amendments or\nterminations of prenuptial agreements. Sometimes, wedded couples change their\nminds down the road and choose to revise their marital contracts. Other times,\ncouples feel an impending divorce and wish to streamline the process while also\nminimizing legal expenses. Additional examples include revisions to child\ninheritance protection, debts taken on during the marriage, changes to\nfinancial contributions (working wife converts into stay-at-home mom), and\nmore.<\/p>\n\n\n\n

What Makes a Marriage Contract Valid Under Law?<\/h1>\n\n\n\n

Overall, in order for a marital agreement to be valid and\nrecognized under law, it must be in writing, signed by both spouses, and officially\nnotarized. A prenup might be deemed invalid if it were forcibly signed or not\nread in full prior to signing. This could happen when a spouse misleadingly hands\nthe other a large packet of documents containing the marital agreement and has\nthem sign and date all of them at once. <\/p>\n\n\n\n

Can I Make My Own Marital Agreement? <\/h1>\n\n\n\n

You can choose what you wish to add to your marital\ncontract, so long as the other party agrees and it is within the law. However, it\nis not recommended to draw up your own without the help of a licensed attorney.\nNot only are marriage contracts very serious, there several requirements that\nmust be met in order for them to be binding under law, making them incredibly\ncomplex as well. Furthermore, some states do not allow spouses to share\nmarriage lawyers, so in some cases, each spouse will have to retain their own legal\ncounsel.  Even if your state allows you\nto share a lawyer, it is not recommended. Retaining separate legal counsel\nbetter protects your rights and liabilities.<\/p>\n\n\n\n

Can Anything Be Added in a Nuptial Agreement?<\/h1>\n\n\n\n

Every state has a set of laws that regulate what can and\ncannot be put into a marriage contract. In general, some common restrictions\ninclude child support or child custody decisions, illegal acts, alimony waivers\n(Some states allow a souse to give up their alimony rights, although they look\ndown on it or set limits.), financial incentives for divorce, and personal\nmatters that are not financial.<\/p>\n\n\n\n

Where Can I Get Help With a Marital Agreement in Florida?<\/strong><\/h2>\n\n\n\n

Contact the Law Office of Shane T. Herbert at 407-887-7058<\/strong> to get trusted legal advice and assistance for all legal matters related to marital law in Florida<\/a>, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.<\/p>\n\n\n\n

\"Shane
Shane T. Herbert, Attorney at Law 407-887-7058<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

Whether you are preparing to marry or already have, you may be wondering about your options for implementing a marital contract. Such contracts are commonly referred to as prenuptial and postnuptial agreements, both of which can provide a long list … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":83,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25,11,77],"tags":[71,76,70,68,72,73,74],"class_list":["post-82","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-divorce","category-family-law","category-marital-law","tag-marital-agreement-faqs","tag-marital-lawyer-orlando","tag-postnuptial-agreement-faqs","tag-prenup-facts-florida","tag-prenuptial-agreement-facts","tag-prenuptial-agreement-faqs","tag-prenuptial-agreement-lawyer-orlando"],"_links":{"self":[{"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/posts\/82","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/comments?post=82"}],"version-history":[{"count":1,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/posts\/82\/revisions"}],"predecessor-version":[{"id":84,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/posts\/82\/revisions\/84"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/media\/83"}],"wp:attachment":[{"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/media?parent=82"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/categories?post=82"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sherbertlaw.com\/blog\/wp-json\/wp\/v2\/tags?post=82"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}