Burlington & Rockenbach, P.A. understands that in marriage and divorce, protecting your interests for what you and your spouse will have after the marriage is important as your financial interests. A prenuptial agreement (sometimes called a “premarital agreement” or a “prenup”) is a written contract between two people, prior to the marriage. The prenuptial agreement details the distribution of assets in case of divorce and/or what happens to the assets of either person in case of death. It also outlines which person is responsible for any debt. Prenuptial agreements are a common tool used in Florida to protect assets. Like any contract, a prenuptial agreement has terms that are outlined by the parties. While a prenuptial agreement can cover many topics related to a potential divorce, it cannot be used to bypass child support, child custody, or child visitation. A prenuptial agreement cannot be used for any future children. A prenuptial agreement is a contract and must be voluntarily signed by both parties. As mentioned, it can cover a wide array of issues, including: According to the in-depth guide on prenuptial agreement attorneys, Burlington & Rockenbach, P.A. knows that behind closed doors, sometimes issues with having a prenuptial agreement blamed for divorce lead to objections to the procedure or blame after the fact.
Prior issues and arguments not disclosed during prenuptial discussions could be the most likely cause of divorce as opposed to the agreement itself. Another common occurrence relative to prenuptial agreements is the conduct of one or both spouses before the marriage. Circumstances such as gambling, drugs, drinking, depression, disorders, financial irresponsibility, lost jobs or lawsuits, and case law dominating each parties’ thoughts to the point that marriage decision is a veil of separation between one’s exteriors and interiors. Such mental states should be handled by divisional attorneys who have experienced these areas of life before.
Burlington & Rockenbach, P.A. provides legal advice, representation, and personal attention to those who need it. The appellate courts exist to correct errors and make sure the law is uniformly developed. With extensive experience in appellate practice, Burlington & Rockenbach, P.A. walks in their clients’ shoes every day to achieve committed outcomes. Attorney Steven A. Burlington and Attorney Betsy H. Rockenbach understand how appellate courts in Florida work. They also help clients involved in family law disputes or divorce and are appealed. With experience in most facets of the state and federal appellate courts, they can offer focused legal guidance and representation.
Typically, prenuptial agreements are enforced in Florida, unless it can be shown that the spouse who signed the prenuptial agreement was under some undue influence. An example of undue influence would be a spouse who used threats of punishment in order to obtain a signature from the other spouse on the prenuptial agreement. Here, the prenuptial agreement could be enforced against the spouse who did not sign it. Burlington & Rockenbach, P.A., with offices in Palm Beach County, has experience helping those seeking prenuptial agreements to protect their assets and interests.