Stuart Family Law Attorney

Hiring a Stuart family law attorney can help individuals and families with divorce settlements, child custody agreements, modification or enforcement of an existing custody or child support order, and prenuptial and postnuptial agreements.

At Apfelbaum Law, our experienced attorneys can help families and individuals with a wide array of legal concerns and needs.

While we hope a marriage will not come to it, the reality is that sometimes marriages do end in divorce, and when that happens, finances and property do become important issues. For this reason, many couples choose to sign a prenuptial agreement.

Understanding Prenuptial Agreements

A prenuptial agreement, also called a premarital agreement in Florida, is a contract between potential spouses that sets forth how issues like alimony and property division will be handled in the event of a divorce. Some people are uncomfortable talking about a prenuptial agreement.

Clients sometimes tell us they are embarrassed to bring up the issue with their intended spouse. Some fear their romantic partner will think they are only interested in money. Additionally, many people believe that their marriages will last forever and realize that they are unprepared for the unfortunate event in which a divorce is filed.

A prenuptial agreement is simply a way to ensure that if the marriage does not work out, it can be ended quickly and with a minimum of stress, time, and legal expenses for both spouses. We like to think of it as a way to protect both yourself and the person you love from a long, difficult divorce process in the event that you go your separate ways.

How A Prenuptial Can Help You

A common misconception is that prenuptial agreements are only for the very rich, who wish to protect their massive fortunes. The reality is that many people in various economic situations may benefit from a prenuptial agreement. You do not have to be a billionaire to want to protect property like a house, car, or jewelry. Some of these things may have great sentimental value to you beyond their monetary value and your Florida family law attorney can help you protect your assets with a valid prenuptial agreement.

A prenuptial agreement can settle many important issues, including the following:

• Determine ownership of premarital assets, in case they could be turned into marital assets;
• Protect inheritance rights of children from prior relationships;
• Protect a spouse’s business interests;
• Delegate each spouse’s powers to control certain properties during the marriage;
• How property will be divided if a divorce, death, or other event happens;
• If one spouse will pay alimony or spousal support in a divorce, and if so, how much and for how long;
• How retirement accounts or pensions will be divided;
• What happens to life insurance benefits;
• Whether each spouse is required to write a will; and
• Which state’s laws will be used to interpret the agreement.

However, a prenuptial agreement cannot determine timesharing or child support of a marriage’s potential children. Timesharing determinations will be made in the best interest of the child if the parents are unable to come to an agreement. Child support is the right of the child or children, and cannot be bargained away by the spouses in a prenuptial agreement.

Hiring a Stuart Family Law Attorney

If you have questions or concerns about divorce, family law, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.