Pre & Postnuptial Agreements

Agreements specifying a spouse’s rights in the event of divorce are generally known as ante-nuptial agreements. An agreement signed before marriage is called a prenuptial agreement; if signed after marriage, it is called a postnuptial agreement.

Ante-nuptial agreements established by an experienced divorce lawyer can resolve all issues except temporary spousal support or issues pertaining to the children of the marriage.

Why should I get a prenuptial agreement?

Prenuptial agreements function to protect the financial interests of our clients and to reduce the expense of divorce litigation if the marriage is unsuccessful. Prenuptial agreements are more common when one or both fiancés have substantial wealth, earning potential or possible inheritance. Also, in our experience, prenuptials are more common when a fiancé has children from a prior relationship or has previously been through a contentious divorce.

What provisions are usually in a prenuptial agreement?

Most prenuptial agreements deal with the identification and division of assets and liabilities upon divorce; the payment or waiver of alimony; treatment of assets and liabilities upon death; how the divorce will be resolved; and the payment of attorney’s fees. Occasionally, language is placed in a prenuptial agreement concerning the child rearing intent of the fiancés, but these decisions will be made by the Court in the best interest of the child, and the prenuptial agreement will not control any issue pertaining to the children born of the marriage. Issues of custody and timesharing of the minor children, payment of child support and any provision believed to encourage divorce are unenforceable.

If I want a prenuptial contract, when should I get one signed?

We recommend our clients have the prenuptial agreement signed at least one month prior to the marriage, which means the negotiations should begin much earlier. Optimally, the agreement would be signed at least three to four months before the wedding date. If you are considering a prenuptial agreement, the sooner you start the negotiations, the better. The last thing you and your fiancée want is the added pressure of entering into a prenuptial agreement weeks or days before the wedding. Moreover, allowing plenty of time between the signing of the agreement and the wedding date generally makes it more difficult for a party to claim later that they signed under duress.

Are prenuptial agreements enforceable?

Yes, prenuptial agreements are enforceable in the State of Florida. However, certain aspects of a prenuptial agreement may not be binding. The right to child support may not be adversely affected by a prenuptial agreement. Additionally, the right to temporary alimony and temporary attorney’s fees may not be waived in a prenuptial agreement.

Prenuptial & Postnuptial Agreements

Practice Areas

Child Support

Divorce

Child Custody & Visitation

Collaborative Law

Appeals

Prenuptial & Postnuptial Agreements

Division of Marital Property & Debt

Mediation

Paternity

Spousal Support

International Custody Disputes & Child Abduction

Child Relocation