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Don’t Wait to the Last Minute to Prepare Your Orlando, Florida Prenup

Why do people wait to the last minute to have their Orlando prenuptial agreement prepared? Why is this a bad idea? This is a bad idea because drafting a well written prenuptial agreement takes time. It cannot be hastily thrown together. You want to make sure that all your important rights are protected. You need to make sure that proper waiver clauses are included in the prenuptial agreement. Waiting to the last minute gives the other party the chance to argue that he/she was pressured to sign the agreement at the last minute; and that he/she had no choice but to sign. You do not want to set yourself up for that situation down the road should you get divorced.

Look at these factors to see if someone can argue that he/she was pressured or coerced to sign the Orlando prenuptial agreement:

• How many weeks before the wedding was the other party asked to signed the agreement?
• Had he/she seen the agreement before?
• Was the agreement discussed between the parties prior to signing?
• Will the other party marry the party if he/she refuses to sign the agreement?
• Did he/she have time for an attorney to review the document and inform he/she whether he/she should sign the agreement?
• Was full financial disclosure given to the other party? Or, did the other party have enough time to obtain full financial disclosure from the other party?

61. S. 61.079. Uniform Premarital Agreement Act states a prenuptial agreement is not enforceable if:

• The agreement was not executed voluntarily.
• The agreement was the product of fraud, duress, coercion, or overreaching.

THE AGREEMENT WAS BE UNCONSCIONABLE BEFORE IT WAS EXECUTED AND THAT BEFORE IT WAS EXECUTED THAT PARTY:

• Was not provided fair & reasonable disclosure of property or financial obligations of the other party.
• Did not voluntarily and expressly waive in writing any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
• Did not have, or reasonably could not have had adequate knowledge of the property or financial obligations of the other party.

You want a well written prenuptial agreement that is not hastily prepared in order that the other side cannot make those arguments against you, if you were to divorce. You want to protect your assets.

This article is for information only; and does not form an attorney client privilege. If you have more questions regarding an Orlando prenuptial agreement, you may call Ann Marie Gilden, Esquire at Ann Marie Giordano Gilden, P. A. at (407) 732-7620 to set an initial consultation.