People often wonder whether or not they should get a pre-nuptial agreement prior to their marriage. A pre-nuptial agreement changes the rights of people from those enumerated under the laws of the State of Florida which determines what is defined as a marital asset and marital debt and what is not pursuant to the laws of the State of Florida anything purchased during a marriage and any debts accumulated during a marriage are considered marital in nature regardless of whose name the property or debt is titled under. A pre-nuptial agreement changes the nature of the property, assets, and debts accumulated during a marriage by allowing for title to control the nature of an asset. By allowing title to control it is easy to determine what is a marital asset and a marital debt and what is not. If a couple purchases a home and titles it in fairness or consideration for the agreement which is deemed a contract. An agreement which waives alimony may ultimately be challenged down the road and therefore a lump sum payment for a period of years will avoid the appearance of an unfair agreement and under these circumstances both parties are receiving something from the deal.
Finally, all pre-nuptial agreements should have a financial affidavit attached by both parties, because another challenge to a pre-nuptial agreement is the failure to comply with a full and complete financial disclosure. It is also for both parties to be represented by counsel and to have their attorneys sing the agreement or to knowingly and intentionally waive their right to counsel. There are many other reasons to get a pre-nuptial agreement, which can be discussed upon requesting a consultation.