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Will A Prenuptial Agreement Really Protect Me in the Event of Divorce?

Soon after the engagement ring goes on, some couples get down to the business of drafting a prenuptial agreement. The primary purpose of this agreement is to protect the assets and property each individual brings into the marriage, so they may keep them in the event of divorce. A prenup also plans for how to divide marital property, and handle issues like spousal support or, often in the case of second marriages, how to leave one’s estate to the children of a prior marriage. Experienced Palm Beach County prenuptial agreement lawyers know how to protect your best interests with a prenuptial agreement.

The Uniform Pre-Marital Agreement Act — the Florida statute that dictates the requirements and limitations of prenuptial agreements — stipulates that a prenup may be deemed invalid if there was fraud or duress prior to its signing or if the terms were unconscionable.

To ensure that the prenup will hold up in court, a Palm Beach County prenuptial agreements lawyer guards against the following kinds of problems:

  • Neither party may pressure the other into signing a prenup
  • The terms must be fair and reasonable and not put one of the parties at a disadvantage
  • Both parties must disclose all of their assets, property, and liabilities

At Feldman & Schneiderman, P.L., we have extensive experience handling prenups and know how to ensure they are valid. This often includes a formal signing conference where both parties and their respective lawyers are present along with a court reporter. The transcript by the court reporter serves as further evidence that both parties were fully informed and willing participants.