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Should I Sign That Orlando, Florida Area Prenup?

Should I sign that Orlando prenuptial agreement?  The answer is probably no. You should see an attorney to help you negotiate the agreement so that is fair to you. Most likely the wealthy spouse had the prenuptial agreement drawn up by his/her own attorney. Most likely the prenuptial agreement is favorable to he/she and unfavorable to you. You are asked to sign the document and give up many of your rights. Do you even know what he/she is asking you to waive?  Do you know what that is worth?

Most likely you are giving up your right to share in the spouse’s assets and income; to receive alimony if you divorce; to receive attorney’s fees if you divorce. The document is probably one sided in favor of the spouse who had the document drawn up by an attorney. The document is probably not a good thing for you.

Before you sign the Orlando prenuptial agreement, it is crucial that you know all the assets and debts of your spouse you are to marry. Have you seen his/her last 3 years of tax returns including his/her corporate taxes if he/she owns a business?  Have you seen a net worth statement prepared by his/her accountant?  Has he/she produced a financial affidavit? How can you make an intelligent decision on whether or not to sign the prenuptial agreement and waive your rights, if you do not know what he/she is worth; and he or she’s earning potential?  How can you sign the prenuptial agreement, if you do not know what you are giving up by signing it?

You need to have full financial disclosure to make sure you are making an intelligent decision on whether to sign the document and to make sure you will be properly cared for during the marriage; and if you divorce.

Did you know there are certain rights you can waive in an Orlando area prenuptial agreement?

They are:

• Right to Spousal Support following the dissolution of marriage
• Right to Modify Alimony.
• Right to Equitable Distribution.
• Right to Intestate Succession, pretermitted spouse and augmented elective share.
• Homestead Rights.
  

Did you know that there are certain rights that you cannot waive in a prenuptial agreement?

They are:

• Right to Temporary Support.
• Right to Temporary Attorney Fees.
• Right to Child Support.
• Right to Child Custody.
• Right to Visitation.

This article is for informational purposes only and does not form an attorney client privilege. If you have further questions regarding an Orlando prenuptial agreement, you make contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P. A. at 407-732-7620 to set an initial consultation.