The Family Matters Logo

Prenuptial Agreement Attorney in Miami, FL

While you and your future spouse may be madly in love, discussing individual property rights and the division of marital property and separate property in a prenuptial agreement can help build a strong financial foundation for your life together in marriage. The Family Matters Law Firm can help.
Schedule a Meeting Now

Protect Your Separate Property with a Prenuptial Agreement in 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, we have over 30 years of experience serving Miami families in 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 a 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 The Family Matters Law Firm 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 The Family Matters Law Firm 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 distribution of assets in such a situation.

Ask a Question,
Describe Your Situation,
Request a Consultation

Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

* Required Fields

Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Schedule A Case Review

Click to Call (305) 701-2901

Why Choose The Family Matters Law Firm ?

The Florida Bar Small Logo

Legal concerns with family can cause intense stress and have far-reaching effects. This can be especially true when children are involved. You also have a lot of financial interests in a family law case, so you must partner with the right attorney. The team at The Family Matters Law Firm is the right choice for these reasons:

  • We understand family. The Family Matters Law Firm offers our clients a family-friendly environment. We understand how delicate legal issues are with spouses, partners, and children.
  • We speak Spanish. Language barriers shouldn’t be a problem when you work with our firm. We speak Spanish and can understand your personal concerns.
  • We have the experience and skills. Family law is not something anyone should take lightly. Our attorneys have been practicing law for more than 20 years. We understand the critical aspects of family law and the essential steps with each case.

Alimony and Your Prenuptial Agreement

You and your spouse may agree to waive the right to seek alimony (also called maintenance or spousal support) if you divorce in the future. You might choose to limit alimony to a certain cap, or include stipulations for pursuing spousal support.

For example, if one spouse is unemployed at the time of the divorce filing, they might be able to request more in spousal support than if both spouses are working when one spouse files for divorce. These terms could help the spouse who left work to be a stay-at-home parent reenter the workforce after the divorce.

Protecting an Inheritance for Children from a Previous Marriage

If you have children from a previous marriage, it could be difficult to preserve an inheritance for them if you pass away without proper estate planning in place. It is likely your spouse would inherit the majority of your property before your children.

A prenuptial agreement can help you preserve your children’s inheritances. For other questions about prenuptial agreements, speak with a prenup attorney at our offices in Miami, FL. Contact us at The Family Matters Law Firm to schedule a strategy session.

Professional Associations

Schedule A Case Review

Click to Call (305) 701-2901

Contact The Family Matters Law Firm

Are you ready to schedule your strategy session? Complete our online form and we will get in touch with you right away.

Ask a Question,
Describe Your Situation,
Request a Consultation

Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

* Required Fields

Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Real Clients, Real Testimonials

  • Honest very Fair Reasonable Compassionate will not run your bills please give her a chance she has represented me for 5 Yrs just a good person she won all for me more than that she is very helpful. Just a example It took 5 yrs my Ex was Very Angry Sadly she found a Attorney who promised here everything she wanted just lies after lies he was a very Cruel Human being just drained her she spent over 250k and ended up receiving 225k as Equity Distribution
    My prayers for all is to Settle no point in Litigation However if your Attorney plays with your Emotions and lies to you it will end in very painful state .THATS WHY BE CAREFUL WHICH ATTORNEY YOU CHOOSE VERY IMPORTANT OR like be you will be Bankrupt and Almost Homeless.
    I had good friends and family who helped my Attorney I owed her over 50k which was very Noble of her Emily Philips to Trust me and I did pay her but she didn't have to do very few Attorneys will do that .
    So Consult with Emily Philips before u decide on a Representation..
    Shalom

    - Denis Thali

  • Emily Phillips helped my family navigate and win a difficult child custody case. A wise, tough lawyer who cares about her clients. She was a godsend after 3 very bad lawyers.

    - Megan b

  • Ms. Phillips is an extremely empathetic and professional Lawyer. She handled our Petition of Guardianship, and 2 Last Will and Testaments, in a very swift and detailed manner. Upon my Father's passi g on, she reached out to our family, offering her condolences. She has clients for Life in myself and my family!

    - Nora Adler

  • The most effective, intelligent and caring divorce lawyer in Miami.

    Emily Phillips successfully helped me to resolve a highly bitter divorce case with an excellent outcome! My ex was unreasonable and only out for blood and revenge. Her attorney only cared about taking my money and padding his pocket by filing lawsuit after lawsuit. He didn't care about the effect of litigation on my child. Emily put a stop to the shenanigans. She is a bright, intelligent, caring, reasonable, and most importantly, a very effective lawyer!

    - anonymous

  • Best Divorce Attorney

    Hired Emily thru a Friend Reccomendation in 2011... Very Honest Understanding Down to earth Person,,, Doesnt up sell or makes False Promises says it as it is . Very Logical and upfront ...I went thru 2 Trails and she won it all. The opposing Lawyer was a Bluff Promised my EX everything and ended up with nothing...

    - Denis

  • Partner

    Emily has been helping us on all our closings. She has always provided us with an exceptional service and we are looking forward working with Emily on our next deal.

    - anonymous

Recent Blogs & News

Can I Conduct a 1031 Exchange Before a Divorce?

These days, with the U.S. economy on unstable ground, and with many Floridians still recovering...

How Can I Keep My Family Business Separate Property after Marriage in Florida?

It’s one of the more commonly asked questions on the topic of property division: how...

What Are the Reasons to Consider a Separation Agreement? A Florida Divorce Lawyer Explains

Separating from a partner can be a difficult decision for both, whether you choose to...

View All Blogs

2 S. Biscayne Boulevard Suite 2200, Miami, FL 33131

Schedule A Case Review

Click to Call (305) 701-2901

Hours Of Operations


Mon-Fri 9:00 am - 5:30 pm
The experienced attorneys and staff at The Family Matters Law Firm are here to serve you Monday through Friday from 9:00 a.m. to 5:30 p.m. We understand that divorce is not a decision anyone takes lightly and want to help you move through the process as painlessly as possible. Call us at (305) 701-2901 to discuss your case. If you contact us outside of business hours, we will respond to you when our office opens the following day. We’re here for you because family matters.

Divorce & Family Law Office Location in Miami, FL

© Copyrights 2022. The Family Matters Law Firm. All Rights Reserved.
Powered by Law Firm Marketing Pros

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.