Buckmaster & Ellzey: Compassionate Legal Advice When You Need It Most
In the reality of the world we live in, many marriages end in divorce. To be prepared in case of this outcome, many couples seek the assistance of a lawyer to help them draw up either a prenuptial or postnuptial agreement. This is a perfectly natural thing to consider, especially in marriages involving joint business concerns or where either party is entering the marriage with a high amount of assets.
At Buckmaster & Ellzey, our Daytona Beach family attorneys will walk you through all the potential financial outcomes related to divorce and help you determine which legal measures are right for you. Don’t enter into a marriage without preparing for every potentiality. Contact Buckmaster & Ellzey for all your marriage agreement needs today.
We are available by phone at (888) 785-6548 or you can contact us online right here.
In the state of Florida, current statutes regarding prenuptial agreements make actions surrounding distribution of assets following the dissolution of a marriage legally binding. While there used to be more flexibility around this field, much of the old guidelines were thrown out following court rulings in 2007, making way for a more rigid interpretation of the law. Under current statutes, the terms of a prenuptial agreement will almost always be found legally binding and enforceable. The major exception to this is if one party is found guilty of coercion or duress during the course of, or amidst the dissolution of, a marriage. In these cases, a prenuptial agreement may be nullified.
While many things may be up for negotiation in a prenuptial agreement, certain rules surrounding what can and cannot be divvied in a divorce remain firm, even with stricter enforcements of prenuptial agreements becoming the norm. Child support, for instance, is not subject to the terms of a prenup, and therefore may be nonnegotiable depending on the circumstances of your divorce.
Prenuptial agreements distribute assets and liabilities under two specific conditions. The first is your standard prenup which determine who is entitled to what in the case of a divorce. The second relates to the untimely death of one spouse during the course of the marriage and lays out what that spouse is entitled to inherit following the other’s passing.
Things you may be able to negotiate in a prenup include:
- Real Estate
- Other property
- Various assets
Though far less discussed, postnuptial agreements are fairly similar to prenuptial agreements. The key difference is timing. Prenuptial agreements can only be drawn prior to marriage. Postnuptial agreements, conversely, can be drawn any time during the duration of the marriage. Like prenuptial agreements, postnuptial agreements can pertain either to division of assets in the case of a marriage dissolving, or distribution of assets in the case of one partner’s death.
Full Financial Disclosure
Full financial disclosure, also sometimes referred to as “full and frank disclosure,” is the stipulation that both parties must be totally and completely upfront about their assets when entering into a prenuptial or postnuptial agreement. This practice is designed to prevent either party from making fraudulent monetary statements to the other, and to ensure that neither spouse withholds pertinent details about their financial standing.
Don’t Trust Just Anyone with Your Marriage, Call Buckmaster & Ellzey Today
At Buckmaster & Ellzey, we know that issues related to family law can be difficult. You may not want to even think about the possibility of divorce, yet it is important for each party to put themselves in the best financial and legal situation possible when entering a marriage. That’s why our firm provides compassionate and thoughtful counsel, so you are able to be married without any hesitations.
Call (888) 785-6548 to speak to our Daytona Beach lawyers now, and start negotiating the terms of your prenuptial or post-nuptial agreement today.