Attorney for Prenuptial Agreement in Miami, FL

Protect Your Separate Property with a Prenuptial Agreement Lawyer in Miami Florida

There are many reasons a couple might consider a prenuptial agreement before marriage. While prenups are primarily concerned with addressing the ownership of assets among couples, you may find your relationship can also benefit from speaking with a prenup attorney.

At The Family Matters Law Firm, our prenuptial agreement attorney in Miami has over 30 years of experience settling family law matters of divorce, child custody, alimony, and property division. We’ve seen firsthand how a prenup can help couples establish a firm division of property rights before marriage to establish their separate property in the event of a divorce.

Why Should We Consider an Attorney for Prenuptial Agreement?

Couples often sign prenups for one or more reasons, including when:

• One or both spouses hold or expect to inherit significant family assets.
• One or both spouses were previously married or have children from a previous relationship.
• One or both spouses own or have a controlling stake in a business.
• One spouse earns significantly more than the other.
• One or both spouses have or expect to incur significant debt.

Contact our prenup lawyer in Miami to schedule a strategy session if you are interested in preparing a prenuptial agreement.

How Does a Prenuptial Agreement Work in Florida?

During a divorce, the family court will attempt to divide marital property equitably between the separating spouses. For example, if you enter the marriage as a business owner, but your spouse works with you for ten years, the court may find that your spouse has a stake in the business based on their contributions during your marriage. The court might determine that your spouse should receive a sum of money that represents an equitable percentage of ownership for helping your business grow and expand its influence.

If you want to maintain full ownership of your business in case of a divorce, a prenup can help you keep your business as separate property rather than joint property of the marriage.

For your prenup to be valid, you and your future spouse must discuss your respective assets in a transparent financial disclosure, voluntarily enter the agreement without duress or coercion, and provide fair terms for each party. Contact our attorney for prenuptial agreement to schedule a strategy session so we can guide you along these steps.

What To Include in a Prenuptial Agreement in Florida

Your Florida prenup lawyer with The Family Matters Law Firm will help you and your future spouse determine which items to include in a prenuptial agreement. While you can’t include child custody or child support terms in a prenup, you can decide whether to waive or limit alimony if you and your spouse later divorce.

You may also want to include terms for how to divide assets in non-divorce separation, how to distribute assets you wish for children from a prior marriage to inherit, and how to charge attorney fees if one spouse challenges the terms of the prenup during the divorce. A prenuptial agreement can prevent or limit expensive litigation during a divorce, and it can allow both parties more control over the distribution of assets in such a situation.