An Experienced Florida Divorce Attorney Explains Prenuptial and Postnuptial Agreements

You just got engaged and are excited about planning for the big day. After meeting with your wedding planner, consulting with a prenuptial (prenup) lawyer is likely not next on your to-do list. But should it be?

Premarital agreements are essential, especially for couples with a high net worth. However, even if you don't have a lot of money or marital assets, hiring a prenup lawyer is a wise investment in your future.

Nobody who gets married ever wants to believe their relationship could end, but the sad reality is that about half of all American marriages end in divorce. A prenup lawyer can assist you if you plan to draft a prenup or postnuptial (postnup) agreement or if your partner has requested that you sign one.

The Family Matters Law Firm has over 25 years of experience serving families in Miami. We strive to assist our clients with all aspects of the divorce and separation processes, including conflict resolution, therapist referrals, and finance management referrals. We will help you divorce yourself from the fight and find peace of mind as you make a fresh start.

Call us today at The Family Matters Law Firm at (305) 701-2901 or contact us online to schedule a strategy session for legal advice with a legal separation attorney in Miami, FL.

What Are Prenup and Postnup Agreements?

A valid marital agreement can benefit married couples because it can eliminate a lot of arguing and uncertainty regarding alimony or property division issues if they ever divorce.

For a prenup agreement, the marrying couple must draft and sign their prenup agreement before tying the knot. Prenups are essential for people with children from a prior relationship. For example, in the case of the parent's death, a prenup can detail how the surviving spouse must care for their stepchildren financially.

A postnup agreement occurs after the marriage, requires full financial disclosure, and is ideal for spouses who want to protect newly gained assets.

Couples cannot include plans regarding child custody arrangements or child support in their marital agreement, as a judge must rule on those issues.

What Makes a Prenup or Postnup Enforceable Under Florida Law?

A prenup agreement is only enforceable under certain conditions. If a couple gets divorced, their prenup must follow specific criteria to be valid:

• The parties must write out their prenup or postnup, as oral agreements do not legally count.
• Both parties must sign the written agreement.
• The parties must enter into a valid marriage after the agreement.
• The agreement must contain terms that are allowable under Florida law, such as:
  • Spousal support or alimony;
  • Distribution of life insurance policies;
  • Division of marital assets;
  • Responsibilities regarding property, such as who owns it and must pay any debts on it;
  • Which parties can control or use certain pieces of property; and

Rights for other personal issues, as long as they don't violate any laws or public policies.

If you're unsure about these guidelines, your first call should be to a prenup lawyer. After all, the courts will enforce any valid prenups or postnups, even if it turns out at the time of divorce that the terms you initially agreed upon don't benefit you anymore.

Important Information About Prenup and Postnup Agreements from an Experienced Florida Divorce Attorney

Did you know the court can set aside certain marital agreements? Here are some factors that could nullify a prenup or postnup:

• One person didn't sign the contract voluntarily.
• Both parties decide to set aside the agreement.
• One person signed the agreement under duress, such as under the threat of violence.
• The court finds the terms to be "unreasonable."

Next, we have important information you should know if your fiancé(e) or spouse ever asks you to sign a marital agreement:

• You may negotiate for more favorable terms.
• Take the time to anticipate your needs in the event of a divorce.
• Consider hiring a prenup lawyer to protect your interests.
• Don't feel pressured into signing unless you're comfortable with the terms.
• Read your agreement and its provisions very carefully.
• If you have children from a previous relationship, you need to detail the terms of their care into the agreement in the event of your death.

If you remember only one tip from this list, it's that you should hire a prenup lawyer. They can assist with your case from start to finish, helping the process go as smoothly as possible. Whether you want to draft an agreement, or your fiancé(e) has asked you to sign one, a prenup lawyer is your best bet to protect your future interests if you and your spouse ever divorce.

The Family Matters Law Firm: Your Prenup and Postnup Lawyers in Florida

At The Family Matters Law Firm, we help families face the legal issues and challenges of divorce, child custody, and family law. If you need the assistance of a family law attorney, our team is here to provide legal advice and all our knowledge about Florida's marital agreement and divorce laws because families matter.

When you're ready to secure your future, our legal team at The Family Matters Law Firm is waiting for your phone call. Contact us at (305) 701-2901 to schedule your initial consultation and strategy session today.

Copyright© 2022. The Family Matters Law Firm. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

The Family Matters Law Firm
2 S. Biscayne Boulevard
Suite 2200, Miami, FL 33131
(305) 701-2901
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