Prenuptial agreements can help avoid disputes during a Florida divorce

When a Florida couple's marriage ends in divorce, it can often be a stressful and tumultuous time. Not only must the couple deal with the emotional aspects of the split, but Florida Divorces create multiple financial issues — including property division and alimony.

However, while there is not much that a couple can do to prepare for the emotional turmoil that comes with divorce, all good Sarasota Divorce Attorneys know that the best prenuptial agreements can resolve almost all of a Florida divorce's financial concerns before they happen.

Sarasota Florida prenuptial agreements and their possible impact on property division and alimony

Essentially, a prenuptial agreement is a contract between two people about to get married that outlines each person's rights and obligations in regards to assets and alimony should the upcoming marriage eventually end in divorce. For many, these types of agreements provide the security they need to know that their assets and rights will be protected should a divorce occur.

Most importantly, prenuptial agreements give couples the chance to dictate how certain assets will be divided or apportioned during divorce. For example, if one party is entering into a marriage already owning a business - or any other significant asset - he or she may want to make certain accommodations within a prenuptial agreement to protect this important interest.

Additionally, couples in Florida can also specify future alimony obligations within prenuptial agreements. This can include, among several other options, preset alimony amounts based upon the length of the marriage or even a complete waiver of any alimony - although a waiver will only be supported by the court if it is unambiguously expressed in the agreement.

Also, a full and frank disclosure of a party's assets, income and liabilities will typically be needed before a prenuptial agreement will be enforceable in Florida. Though, this particular disclosure requirement will not necessarily be required should the agreement make a "fair and reasonable provision" for the other party. Moreover, if a prenuptial agreement is the product of fraud, deceit, misrepresentation or duress - such as springing the agreement at the last minute before the wedding - Florida courts may not consider them valid.

Ultimately, if you are considering marriage and believe a prenuptial agreement may be in your best interests, it is often advisable to consult with an experienced attorney in order to learn what your rights and options may be. A skilled prenuptial agreement attorney can help review your finances and assist in executing the ideal agreement for your situation.