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Prenuptial Agreements

Lakeland FL Family Law Attorneys | Auburndale Divorce Lawyers

What is a Pre-nuptial Agreement?

Prenuptial agreements are also known as pre-marital agreements, or “pre-nups”. They are essentially a contract between a boyfriend and girlfriend before the two enter into a marriage relationship which usually provides for property division and alimony should the marriage fail and end up in a divorce. To the contrary, a Marital Settlement Agreement (MSA), or a post-nuptial agreement, is a contract that provides for the division of property and alimony after the marriage has already occurred but before a divorce is finalized by the court. A prenuptial agreement is an enforceable contract that allows a couple to predict and determine with certainty the division of marital assets and debts as well as protect children from a previous marriage.

Why Pre-nuptial Agreements?

Since Florida is a no fault divorce state, it is difficult to predict how marital assets and debts will be divided, as the standard applied by the Court is equitable distribution, not a 50/50 community property division like in states like California. During what is generally the most stressful time of your life why would you want to worry whether your spouse is going to get your grandmother’s antique rocking chair when a prenuptial agreement can accurately predict how the marital assets and debts will be divided. It is one less thing you have to worry about when you are possibly fighting for custody of your children or child support amounts.

A prenuptial agreement can also be established for a finite time to ensure the couple that the marriage is going to work. If you married without a prenuptial agreement, you have the option of utilizing a postnuptial agreement to establish the property and support obligations.

Call Allen & Abaray, P.A.

For legal advice on whether a prenuptial agreement is right for you call the divorce attorneys at Allen & Abaray, P.A. One of our experienced attorneys will be happy to answer all of your questions during a free consultation.


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5835 U.S. Highway 98 South   Lakeland, Florida 33812   Toll Free: 877-669-6899   Ph: (863) 669-9999   Fax: (863) 669-0699