Creating a Valid Prenuptial Agreement
While the current cultural view of marriage is that it is a romantic union between two people who love each other and want to express that by committing to forego all others for as long as they shall live, the origins of marriage are far removed from this romantic notion. Throughout much of the history of marriage, it has been instead much closer to a business contract, often agreed to without the consent of the persons to be joined in matrimony. One aspect of this legalistic tradition that remains in place is the prenuptial agreement, by which either party may establish certain conditions to be imposed in the event of divorce or death.
If you are planning to marry and have substantial assets or specific wishes that you want to ensure are honored, a prenuptial agreement may be the most effective means of accomplishing this. Contact the Fort Lauderdale prenuptial agreement lawyers of Eric N. Klein & Associates, P.A. at 954-580-8080 to speak with an experienced attorney about your situation.
Critical Elements of a Valid Prenuptial Agreement
The issue of seeking a prenuptial agreement is often a delicate and potentially thorny matter. Your fiancé may take offense at the maneuver, but this is unnecessary. Prenuptial agreements have been demonized as being indicative of a lack of faith in a relationship but this is rarely a motivating factor. Regardless of why you might wish to enter into a prenuptial agreement with your soon-to-be spouse, the following five conditions are required for such a contract to be valid:
- The terms must be part of a written contract
- Both parties must willingly choose to agree to the terms
- Each party has a responsibility to be forthcoming about all reasonable concerns
- The terms must not violate standards of decency
- A notary public must witness the signing
We are ready to help you enter into your marriage without hesitation due to uncertainty over how your wishes and assets will be respected. Contact the Fort Lauderdale divorce lawyers of Eric N. Klein & Associates, P.A. at 954-580-8080.