By Robin Roshkind, Esquire – West Palm Beach, Florida
Many people do not like to think of the “legalities of love”, because it seems unromantic and offensive. But for those couples getting married a second or third time, prenuptial agreements are a must, if either or both parties have assets and/or children. Prenuptial agreements do not take effect until the walk down the aisle. But they must be negotiated, witnessed, and executed, AT LEAST 30 DAYS PRIOR to the wedding to be valid and enforceable. Each party must sign the prenuptial agreement with full understanding of its ramifications, without duress, over reaching or fraud, and with the intent to be bound. It is a good idea for both parties to have independent legal counsel as well as tax advice.
Prenuptial agreements deal with what happens to the parties, their property and children’s assets in the event of a divorce, as well as a death. Property and cash awards can be based upon the length of and contribution to the marriage, while death provisions MUST be accompanied by estate planning documents, the least being a will or a trust.
Because each case is different, it is important to know what you are doing when you sign a prenuptial agreement. For more information about my firm and about prenuptial agreements, please call my law firm, Robin Roshkind, P.A., for a consultation (561-835-9091) or visit the firm’s website at www.familylawwpb.com.