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Should You Consider a Prenuptial Agreement?

It is a fact of life today that most people will marry more than once, and a prenuptial agreement has become an important estate planning tool for those who plan to say “I do” once again in the near future.

A prenuptial agreement is especially useful if you have children from a prior marriage and assets that you want those children to inherit. A post-nuptial agreement can provide the same protections, but is done after the marriage.

The most important thing in preparing a prenuptial agreement is to ensure that it is valid. To be valid, a prenuptial agreement must:

  • Be in writing and signed by both spouses;
  • Be signed in good faith with no pressure applied by one spouse on the other;
  • Be read and understood by each spouse before signing;
  • Include full disclosures of assets and liabilities of both spouses;
  • Not include any invalid provisions, such as a modification of child support or gross unfairness to one spouse in favor of the other.

It is also in the best interests of each spouse to retain separate legal counsel to ensure that each is entering into the agreement independently and has their individual interests protected.

The Dorcey Law Firm, PLC, focuses on estate planning and asset protection for Florida residents. If you need assistance with planning for your future, contact our Fort Myers estate planning law firm for your free consultation.

Categories: Estate Planning
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The Dorcey Law Firm, PLC - Fort Myers Attorney
Located at 10181 Six Mile Cypress Pkwy, Suite C, Fort Myers, FL 33966
Phone: (239) 330-6674
Local Phone: (239) 418-0169