Your prenup won’t protect you if it’s not enforceable. You need to make sure it’s iron-clad in the unfortunate event you have to use it. But how do you create a legally sound prenuptial agreement under Florida law? We offer some helpful tips below.

Make Full Financial Disclosure

Before signing your prenuptial agreement, Florida requires both you and your spouse to fully disclose your finances to one another. You can’t hide money or misrepresent your assets. If you do and a court later finds out, your prenup will be considered void.

Allow Enough Time To Read The Prenup

You’ll also need to make sure you both have enough time to read and understand the prenuptial agreement before signing it. There’s no set time frame for this, but most Florida family lawyers recommend between two weeks and one month.

It’s better if there’s more time to review the agreement. If one or both of you were offered the agreement immediately before the wedding, a judge may not honor it.

Make Sure Your Prenup Has A Severability Clause

What happens if one of you violates the terms of your prenup? If there’s no severability clause, the entire agreement may be considered void. A severability clause protects you in the event that your spouse breaks the contract by keeping the other terms in place even when one has been breached.

Hire A Separate Florida Divorce Lawyer

You must also be represented by different divorce and family law attorneys when you review and sign your prenuptial agreement. Even if you agree on the terms of the contract, being represented by the same lawyer is considered a conflict of interest.

Most attorneys will decline to represent both you and your spouse for any legal matter, whether it be a simple prenuptial agreement or a divorce. If you somehow find a lawyer who will help you, the contract you pay for will basically be useless if your marriage actually ends.

Family Law Representation In Florida You Can Trust 

Do you need help drafting an ironclad prenup before getting married? Don’t wait to call a veteran Naples family and divorce lawyer. Kevyn Noonan Hayes, P.A. can provide you with the comprehensive representation you need for all family legal matters, including divorce, child custody and support, alimony, and more. Call now at 239-591-6248.