Marital Agreements


Orlando Marital Agreements Lawyers

Marital agreements (or marital contracts) are financial arrangements established before or during a marriage. Although they can define the responsibilities of spouses throughout the marriage, they most commonly describe each spouse’s rights should their marriage end in divorce or death. In such cases, marital contracts help spouses secure their assets, ensure their financial security, and protect themselves against future disputes regarding their property or other post-marital privileges. 

Marital contracts include premarital agreements (made before the marriage begins) and postmarital agreements (made during the marriage) which are also known as prenuptial contracts and postnuptial contracts, respectively. Although their contents can vary according to the needs of each couple, they frequently address property division. These agreements can make things significantly easier for couples considering divorce by preemptively establishing who is entitled to what assets. As such, they can be an important tool on the road toward a successful settlement and efficient dissolution of your marriage. 

Send us a message or call (407) 794-9004 to schedule a free consultation with one of our marital agreement attorneys in Orlando. 

The Benefits of Premarital and Postmarital Contracts 

Marital contracts are beneficial for couples looking to establish fair and equitable agreements about their individual or joint financial assets. They provide a sense of security for both parties by outlining the terms of their relationship in advance, such as how finances will be handled or how property will be divided should the marriage ever dissolve. Having a pre-established contract in place can also help divorcing spouses mitigate losses and protect their interests during alimony and property distribution negotiations. 

The Stigma of Marital Agreements

Despite the advantages and legal protections offered by marital contracts, there is a persistent stigma that they somehow foreshadow a failure of the marriage itself. However, in our experience, they demonstrate a responsible willingness to work together and cooperate on difficult topics. These agreements provide greater peace of mind to couples by ensuring them that potential disputes over assets have a better chance of being resolved quickly or avoided entirely. They also reassure spouses that their wishes and interests will be respected should anything happen within the relationship. It is important for couples to remember that marital contracts can protect both partners, not just one. Furthermore, Florida judges won’t approve marital contracts if they are not entered into voluntarily, honestly, and openly. 

Additional Marital Agreement Laws in Florida

In Florida, marital contracts can be made concerning any of the following: 

  • Property distribution
  • Alimony 
  • Estate plans (wills, trusts, division of property, etc.)
  • Life insurance policy benefits
  • Each spouse’s responsibilities regarding property during the marriage

It’s also important to note marital contracts can be amended or revoked following a separation only if both parties agree to it in writing. Furthermore, judges may not uphold an agreement if it causes a party to become eligible for public financial assistance (so long as the other spouse has the means to support them). 

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Experienced Orlando Marital Agreement Attorneys 

At The Spence Law Firm, our attorneys have over 22 years of experience between them. Over the past decade, they have helped hundreds of clients successfully navigate their family law matters. This experience and our track record of success are testaments to the fact that our team has a good understanding of the sorts of questions that you should consider when determining whether or not a marital contract is right for you. Our lawyer can help you assess your situation, weigh your options, and work with you and your spouse to create marital contracts that benefit both of you. 

If you have a complicated financial situation and are planning to get married or have recently started a marriage, contact The Spence Law Firm today by calling (407) 794-9004.

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