Fort Lauderdale Marital Settlement Agreement Attorney
Responsive, Individualized Attention with Competitive Pricing
Attorney Gary F. Celetti, Jr. is an experienced and responsive attorney who has worked with many spouses on their family matters in Fort Lauderdale. Both before and during a marriage, it is natural for couples to seek the security and certainty of marital agreements that can specify important matters like property and asset division in case of separation. Attorney Celetti can work individually with you to establish your spousal rights and interests in a marital settlement agreement that could seriously impact your future.
Schedule a free consultation with GFC Law online or at (954) 945-7221 to speak with Attorney Celetti about your marital interests. The firm offers quality representation at a competitive price, so do not hesitate to get started today.
Prenuptial agreements, or premarital agreements, are legal contracts between potential spouses addressing how certain marital issues like alimony and property division will be treated in the case of a divorce. More specifically, couples can use prenuptial agreements to determine:
- each spouse’s ability to manage or control property during the marriage;
- how the couple will divide their property in the event of a divorce, death, or other event;
- whether one spouse will pay the other alimony during a separation or divorce, and if so, the amount and duration of payment;
- how each spouse’s retirement plans or pensions may be divided in the case of divorce;
- what will happen to life insurance policies;
- whether either spouse is required to write a will to carry out the terms of the agreement.
Any couple can seek to draft a prenup, but individuals who may particularly want to create prenuptial agreements include those who:
- own assets prior to the marriage that they want to protect from division in case of divorce;
- have children from a previous relationship and want to protect their future inheritance;
- have business interests that they would like to keep separate from their spouse if the marriage fails; or
- seek to establish whether one spouse will pay the other alimony in the case of separation or divorce.
After drafting and signing, the prenup agreement will take effect the moment the couple marries.
Note that valid prenuptial agreements must be in writing and signed by both spouses in order to be legally enforceable. As a result, prenups will not be enforceable by Florida law if a spouse can prove:
- they didn’t sign the agreement voluntarily;
- the agreement was only signed due to fraud, duress, or coercion; or
the agreement was unconscionable when the couple signed it, and the spouse
challenging the agreement:
- wasn’t given a fair and reasonable disclosure of the other spouse’s financial circumstances;
- didn’t waive in writing the right to receive a fair disclosure of the other spouse’s assets and debts; and
- couldn’t reasonably have had knowledge of the other spouse’s financial circumstances.
Similar to prenuptial agreements, postnuptial agreements set out legal requirements and terms to operate by in the unfortunate case of divorce. However, while prenups are written before a couple marries, postnuptial agreements are created after the couple legally marries. For a Florida postnuptial agreement to be valid and enforceable, the agreement must be in writing, be signed by both parties, and contain terms and provisions acceptable by Florida law.
Postnuptial agreements can include terms about how marital (or non-marital) property may be bought, sold, transferred, leased, or otherwise used. They can also discuss a plan for alimony, estate planning, and how death benefits might be handled.
One important step to finalizing a postnuptial agreement is for spouses to affirm their financial situations as truthfully and accurately disclosed. After doing so, the spouses will enter a legally valid agreement, unless the court finds at some point that the agreement was based upon fraud or coercion or was otherwise unfair.
Questions? Let GFC Law Help You.
If you seek to create a marital agreement with your spouse or prospective spouse, contact a legal professional for legal guidance as you lay out the terms of the agreement. Both prenuptial and postnuptial agreements can address important divorce issues like property division and alimony, so it is important that you have a lawyer look over your draft to ensure your rights and interests are being protected. GFC Law has been working with families in Fort Lauderdale for years, and the firm can provide you the informed guidance you need to safeguard your spousal rights in and out of marriage.