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A Prenuptial Agreement in Lake Mary, Florida and Orlando, Florida is not a Simple Document 

A prenuptial agreement is also referred to or called an Ante-nuptial Agreement or Premarital Agreement. Many people are under the misconception that it is a simple document to draft. However, that is not the case. It is a legal contract that binds the parties that enter into the agreement. The only consideration is the marriage itself.

The Prenuptial agreement is a complex contract that is prepared to protect your rights, or your fiancé’s rights, specifically the money and property you or your fiancé have before the marriage. It is also used to protect these assets along with the assets you will make and earn, and obtain during the marriage; including the assets you will acquire during the marriage, such as gifts and inheritances and gifts. Some spouses even want their paychecks protected by the Prenuptial Agreement. Prenuptial agreements vary with the individual’s wishes. 

It is best practice to thoroughly disclose all your assets and debts in the Prenuptial Agreement, including your net worth; and by substantiating that disclosure with financial documents such as tax returns, paystubs, real property deeds and mortgages, retirement assets statements, bank account statements, credit card and loan statements, valuations of businesses you own, appraisals of property, trusts you have, any contingent assets or debts, etc. 

Many attorneys attach mandatory disclosure pursuant to Family Rule 12.285 to the Prenuptial Agreement. You will need to discuss the Prenuptial Agreement with your CPA, financial planner, your Estate and Trust attorney. That is necessary so that your Marital and Family Law attorney has all the information needed to properly prepare the Prenuptial Agreement that is best to protect your rights. 

Further, you can include in the Prenuptial Agreement that your spouse waives homestead, all rights to inherit from you, and the elective share. These may be items that most people do not think about. 

You can request that your spouse waive alimony, or you can have a tiered distribution for alimony wherein the longer the spouse stays married to you, the more alimony they receive. 

Prenuptial Agreements in Florida are governed by the Uniform Prenuptial Agreement Act which is codified in Florida Statute 61.079-Prenuptial Agreements. You can read all about Prenuptial Agreements in Florida in that Statute. You can read about Statute 61.079 Prenuptial Agreements in Florida here. 

Most attorneys will charge a consultation fee to discuss the prenuptial agreement. Most attorneys will not review the prenuptial agreement until you hire them. Most likely in the consultation, the attorney will discuss prenuptial law in general. An attorney will probably require a $5,000.00 retainer or higher to prepare or review a prenuptial agreement. The quality and experience of the attorney will also be a factor in the price. It can vary.Most likely, the retainer will not be a flat fee. The attorney will bill you hourly. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.