Sarasota Prenuptial Agreements Lawyer

What is a Prenuptial Agreement?

A prenuptial agreement is a legally binding contract created by two individuals before they marry. It outlines how assets, debts, income, and future earnings will be divided in the event of a divorce, separation, or death. While prenups were once reserved for the wealthy, today they are common among couples of all financial backgrounds who want clarity and protection.

Common Items Covered in Prenuptial Agreements:

• Division of real estate
• Distribution of retirement accounts and investments
• Ownership of businesses
• Handling of debts
• Alimony or spousal support terms
• Inheritance rights

Why Should You Consider a Prenup?

Discussing a prenup might feel uncomfortable, but it offers many benefits:

1. Protecting Separate Property: If you own property or have significant assets before marriage, a prenup ensures they remain yours.

2. Clarifying Financial Responsibilities: It defines each spouse’s rights and obligations, minimizing financial misunderstandings during the marriage.

3. Reducing Conflict in Divorce: Clear agreements about property and finances can prevent long, costly litigation if the marriage ends.

4. Protecting a Business: Entrepreneurs use prenups to safeguard business interests from becoming entangled in divorce settlements.

5. Protecting Children from Previous Relationships: Prenuptial agreements can ensure certain assets are preserved for children from prior relationships.

6. Peace of Mind: Ultimately, having a well-drafted agreement can strengthen your relationship by encouraging open, honest communication about finances.

Florida Law and Prenuptial Agreements

Florida recognizes prenuptial agreements under the “Uniform Premarital Agreement Act” (UPAA). To be valid and enforceable:

• The agreement must be in writing.
• Both parties must sign the agreement voluntarily.
• Full and fair disclosure of assets, debts, and income must occur unless waived.
• The agreement must be fair and not the result of fraud, duress, coercion, or overreaching.

Working with a knowledgeable Sarasota family law attorney ensures that your prenup complies with Florida law and stands strong if challenge

Common Misconceptions About Prenups

1. “Prenups are only for the wealthy.” Not true. Anyone can benefit from a prenup, especially if you have personal savings, real estate, debt, or children.

2. “Talking about a prenup means we don’t trust each other.” A prenup is about planning responsibly, not distrust. Open communication about finances often leads to stronger relationships.

3. “Prenups are always upheld no matter what.” While courts respect valid prenups, they can be invalidated if found unconscionable or signed under duress. Legal guidance is critical.

4. “Prenups can’t be changed.” You can modify or revoke a prenuptial agreement at any time during your marriage if both spouses agree, in writing.

How McNary Law Can Help

At McNary Law, we understand that no two relationships are the same. Our Sarasota prenuptial agreements lawyer works closely with clients to tailor agreements that reflect their unique values, needs, and goals.

Our Process:

1. Consultation: We discuss your goals and answer your questions.
2. Disclosure: Both parties fully disclose their financial situations.
3. Drafting: We draft an agreement that reflects your wishes and complies with Florida law.
4. Review: We encourage both parties to have independent legal counsel to ensure fairness.
5. Execution: Once finalized, the agreement is signed and ready to provide peace of mind.

We handle prenuptial agreements for clients in Sarasota, Bradenton, Lakewood Ranch, and surrounding areas.

When Should You Start the Prenup Process?

Ideally, start the discussion about a prenuptial agreement at least several months before the wedding. Waiting until the last minute can lead to claims of coercion or duress, which could invalidate the agreement.

Early planning ensures both parties have the time to:

• Reflect carefully on the terms
• Obtain independent legal advice
• Approach the process without stress

Other Family Law Services We Offer

Our firm proudly provides comprehensive family law services, including:

• Divorce (contested and uncontested)
• Child Custody and Parenting Plans
• Child Support and Modifications
• Alimony and Spousal Support
• Paternity Matters
• Collaborative Divorce
• Equitable Distribution of Assets
• DCF & Dependency Cases
• Family Law Mediation

Whether you need help drafting a thoughtful prenuptial agreement or navigating other family law challenges, McNary Law is here to stand by your side.

Frequently Asked Questions (FAQ)

Q: What happens if we divorce without a prenup? A: Florida courts will divide assets and liabilities based on “equitable distribution,” which means a fair, but not necessarily equal, division.

Q: Can a prenup cover future income? A: Yes, you can include provisions about income earned during the marriage, particularly for business interests or future investments.

Q: Can we include clauses about personal matters, like chores or pet custody? A: While you can address non-financial topics, courts may not enforce clauses unrelated to financial rights and obligations.

Q: Is a prenuptial agreement public record? A: Generally, no. However, if it becomes part of divorce proceedings, it may become part of the court record.

Q: Can we update our prenup after marriage? A: Yes, through a “postnuptial agreement” — a similar document signed after the marriage.

Contact McNary Law Today

Thinking about a prenuptial agreement isn’t about expecting a marriage to fail — it’s about protecting your future, your family, and your peace of mind.

If you are ready to explore a prenuptial agreement, contact McNary Law, your trusted Sarasota prenuptial agreements lawyer. Call us today or book a confidential consultation. We proudly serve Sarasota, Bradenton, Lakewood Ranch, and the surrounding communities.