Jacksonville Prenuptial Agreement Attorneys.

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Prenuptial Agreement Attorneys in Jacksonville

Being Prepared for Whatever the Future Might Bring.

In addition to the happiness and success that is often the result of a marriage, holy matrimony also brings with it legal aspects that should be considered by some. For individuals or couples who are considering marriage and have accumulated financial assets, personal assets, real estate or other property of value, may want to consider speaking with the Jacksonville prenuptial agreement attorneys at McGRATH GIBSON Family Law. While prenuptial agreements often get a bad rap, we never know with absolute certainty where the future will take us. And it’s always better to have a plan. Learn more about the aspects of prenuptial agreements in Florida below.

What Exactly is a Prenuptial Agreement?

Prenuptial agreements, or premarital agreements, also referred to as “Pre-Nups” are premarital agreements that are generally valid and enforceable in Florida subject to the following rules and conditions. A premarital agreement is usually about property acquired before a marriage and the rules governing contract law apply. Courts carefully consider marital agreements for good faith and lack of undue influence. And a spouse claiming the validity of a premarital agreement must establish the fairness of the contract.

The following information about prenuptial agreements is a very high level overview of prenuptial agreements and provides a general understanding of what a prenuptial agreement is and what it is for. Every prenuptial agreement is unique and must be tailored to the unique circumstances of the parties the agreement is prepared for.

Important Points About Prenuptial Agreements:

Florida has adopted the Uniform Premarital Agreement Act (UPAA). Parties may contract regarding spousal support, as well as matters relating to property; however premarital agreements may not determine child custody or support, and the Florida Statute of Frauds applies to premarital agreements. Entering into the marriage is the consideration required to enter into the premarital agreement. Amending, revoking, or abandoning a prenuptial agreement after the marriage must be done in writing and be signed by both parties of the agreement, and can be enforceable without consideration. If a court finds the subsequent marriage void and orders an Annulment, a valid premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Premarital agreement provisions awarding attorneys fees and costs to the prevailing party in litigation regarding the validity and enforceability of a premarital agreement are enforceable. The purpose of the “prevailing party clause” requires the losing party of a lawsuit, claim or other litigation to pay the legal expenses incurred by the prevailing party, including attorney fees.

The premarital agreement must be entered into voluntarily, and the court will determine voluntariness. The agreement must be fair and entered into after full disclosure or completion of discovery. A party challenging the agreement is usually not permitted to claim lack of knowledge, because through due diligence during discovery, he or she could have unearthed all the relevant facts.

Contact Us

Trust the family law attorneys of McGRATH GIBSON for the answers, representation, and results you need in these most important personal legal matters. Call us to schedule a consultation at (904) 358-3300, or use our contact form below and we’ll get back to you as quickly as possible.

Family Law and Divorce Attorneys in Jacksonville, Florida Disclaimer:

The lawyers of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent clients throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of divorce and family law cases, there are occasions where we may feel it is in the interest of the client to refer their case to another lawyer. We proudly offer representation to Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, Air Force Reserve and Space Force.

McGRATH GIBSON family law attorneys offer representation in the areas of Family Law throughout Florida. We represent in cases of Divorce, Property division, Alimony and Maintenance, Child Custody, Child Support and Child Visitation. We represent active duty military in Military Divorce cases which is handled throughout the United States and U.S. Territories independently and with local counsel where required.

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