If you are engaged or already married and you want to resolve financial issues between you and your spouse, it may be time to consider signing a marital contract. Below are a few steps you should consider taking:
Work with an experienced marital contract attorney.
Both parties need legal counsel to ensure that their interests are protected. Legal representation for both sides is also essential to the future enforceability of the contract. If one spouse or future spouse is not represented by independent counsel, it can open the door for the contract being held invalid.
Make sure full financial disclosure is made by both parties.
Many prenups fail because one or both parties failed to make true and honest disclosures of assets. Before the prenuptial/marital contract is signed, the parties must provide reasonably accurate list of assets and liabilities. The more detailed the financial disclosures, the more likely the contract will be upheld and enforced.
Properly time when the marital contract is signed.
Typically there is no set amount of time for when the marital contract must be executed, but it is imperative that both sides have enough time to properly review the agreement with his or her attorney. In other words, the more time both parties have to review and consider the marital contract the more likely it is to be enforceable. Pressuring somebody to sign a prenuptial agreement the day of the wedding is not acceptable. In most typical cases, one month is usually a reasonable amount of time.
Remember, spending a little bit of money now can save you a significant amount of time, money and stress in the future.
If you are engaged and interested in creating a prenuptial agreement with your future spouse, or you need assistance with other family law matters, call the knowledgeable attorneys at the Men’s Divorce Law Firm. Our office is located in Orlando, Florida, but we proudly serve husbands and fathers across the State. The firm also serves men out of state with child custody interests in Florida.