Prenuptial Agreement Attorney Serving Orlando and Central Florida

Seeking an experienced Orlando Family Law Lawyer? Turn to Camille Sebreth for skilled Prenuptial Agreement representation across Central Florida.

Call Prenuptial Agreement Attorney, Camille Sebreth at  407.556.7589

Prenuptial Agreements in the State of Florida:

A prenuptial agreement, also known as a prenup or premarital agreement, is a legally binding contract entered into by a couple before they get married or enter into a civil union. The primary purpose of a prenuptial agreement is to address and clarify financial matters and potential disputes in the event of divorce or death. In Florida, prenuptial agreements are governed by Chapter 61 of the Florida Statutes, specifically Section 61.079.

Lawfully Allowable Issues in a Prenuptial Agreement:

• Property and Asset Division: A prenuptial agreement allows couples to define how their assets and properties will be distributed in the event of divorce or separation. This includes both individual assets and assets acquired jointly during the marriage.
• Debt Allocation: Couples can outline how debts, such as mortgages, loans, or credit card debts, will be divided if the marriage ends.
• Alimony (Spousal Support): The agreement may address the issue of alimony or spousal support payments, setting forth the amount, duration, or whether it will be waived altogether.
• Inheritance Rights: Prenups can protect the inheritance rights of children from previous marriages or ensure that specific assets remain within a family's lineage.
• Business Interests: The agreement can deal with the division or protection of business interests, professional practices, or partnerships in the case of divorce.
• Estate Planning: Some prenuptial agreements encompass estate planning matters, including the distribution of assets upon the death of one spouse.
• Personal Matters: Couples can address personal issues such as religion, child-rearing decisions, or other lifestyle preferences in the agreement.
• Financial Responsibilities: The prenup may outline each spouse's financial responsibilities during the marriage, such as bill payment and budgeting.

Limitations of a Prenuptial Agreement in Florida:

• Child Custody and Support: In Florida, child custody and child support issues cannot be determined in a prenuptial agreement. Courts always decide these matters based on the best interests of the child at the time of divorce or separation.
• Unconscionability: A prenuptial agreement must not be unconscionable, meaning it should not be grossly unfair or heavily favor one party to the point of being unjust.
• Full Disclosure: Both parties must fully disclose their financial assets, liabilities, and income before signing the prenuptial agreement. Failure to provide accurate and complete information may render the agreement invalid.
• Voluntary Consent: Prenups must be entered into voluntarily, without any signs of coercion or duress. Each party should have enough time to review the agreement and consult with an attorney if desired.
• No Invalid Provisions: The agreement cannot include provisions that promote illegal activities or violate public policy.
• No Waiver of Child Support: A prenuptial agreement cannot waive a spouse's right to receive child support.
• Enforcement: A court may refuse to enforce certain provisions if they are deemed inequitable or if there was a lack of adequate representation or understanding during the agreement's creation.

Prenuptial agreements in Florida provide couples with the opportunity to protect their assets, clarify financial expectations, and avoid potential disputes in the event of divorce. However, there are limitations to what can be included in these agreements, particularly in matters related to child custody and support. To ensure a prenup is legally valid and enforceable, it is essential for both parties to seek independent legal counsel and engage in full financial disclosure. By addressing these key points, couples can create a comprehensive prenuptial agreement that meets their specific needs and provides peace of mind for the future.

Call 407.556.7589 to Schedule a Confidential Legal Consultation with Orlando and Central Florida Prenuptial Agreement Attorney, Camille Sebreth.

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ATTORNEY, CAMELLE SEBRETH
BIOGRAPHY

Camille Sebreth professionally usilizes her experience as a private practice attorney to fight and protect the legal rights of those in Orlando and throughout the Central Florida area.

She focuses her areas of legal practice on civil legal matters involving Debt Relief and Bankruptcy, Divorce and Family Law, Estate Law, Evictions, Foreclosures and Immigration Law.

Attorney, Camille Sebreth is a member of numerous professional associations, and has an impecable reputation for diligently and aggressively fighting for her client's rights and legal interests.

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