A type of legal agreement, also known as a premarital agreement, is a type of contract made between prospective spouses. The concept behind them is to establish how certain issues—spousal support and division of property are prime examples—will be treated in the event of a divorce.

Common Prenuptial Agreement FAQs
  • What needs to be included in a Prenuptial Agreement?

    There are certainly more issues and items to be included, but these are the basics:

    • A couple should identify and divide various assets that belong to each spouse, separately from the other.
    • How finances will be managed (joint or separate accounts, sharing of bills or costs, how income from a non-marital business will be used, etc.)
    • Include spousal support requirements, if any.
    • Special considerations for inheritance rights for children from a previous marriage.
    • The allocation of debt, especially debt incurred during the marriage.
    • Desires to keep property within the family.

    A prenup cannot include provisions regarding parental responsibility, time sharing, or child support—these topics are handled separately based on guidelines set forth by Florida law and the best interest of the children involved. Other aspects of child rearing can be included, such as specific provisions about sharing the child’s education costs or specific assets the children should inherit following your divorce or passing.

    You will find plenty of other concerns regarding the necessity, the procedures, and administration of prenuptial agreements.  It goes without saying, lawyers familiar with marital Florida law such as Myrthil’s Law, P.A. in Tampa can help you navigate the terrain before it becomes too complicated. We know how to protect your concerns and your assets.  Speak with a representative from our firm today about creating a prenuptial agreement that works for YOU.

  • Can a notary perform a prenup?

    In 28 states the Uniform Premarital Agreement Act (UPAA) does not require a prenuptial agreement to be notarized.  Florida adopted the UPAA in 2007.  The legal team at Myrthil’s Law, P.A. can tell you how this act affects premarital agreements in Florida and what role a notary can— or should—play in your planning process.

    Having an attorney review your prenuptial agreement before seeking a notary or draft an agreement upon your behalf is in your best interest to ensure you aren’t forfeiting any rights or assets you may be entitled to in a divorce or even throughout your marriage.

  • Do you need a lawyer to create a prenuptial agreement?

    A couple wanting to draft a prenup is not be required to hire an attorney to produce the agreement.  However, most legal-savvy participants will likely want to opt using a lawyer.  We have the knowledge of Florida laws to help guide you through this process and work to protect your wishes and concerns to the fullest extent.

  • When should I have a premarital agreement completed?

    Most legal experts advise a couple to have an agreement ready to be signed 30 days prior to their wedding date; however, the ideal time frame is around three months before getting married.

  • How much will a prenup agreement cost in Florida?

    Most of the time a prenuptial agreement will cost you around $2,500, but some of the final cost will depend on how much you specify on different issues a prenuptial agreement can cover.  Ultimate costs depend on where you live, the extent of protection for your assets, which attorney you choose, and length of time the negotiation process takes.  Myrthil’s Law, P.A. can take you through the process, discuss what stipulations you can expect from the state of Florida, and help you maximize the benefit of such a document.

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