Prenuptial & Postnuptial Agreements

One of the most important aspects of marriage is financial certainty. Unfortunately, with approximately 50% of all marriages ending in divorce, the only way that a Florida couple can provide for certainty is to enter into a premarital or nuptial agreement prior to or during the marriage. A nuptial agreement (otherwise known as a prenuptial prior to the marriage or a postnuptial if entered into after the marriage) describes the rights, duties and obligations of spouses during and upon termination of marriage through death or divorce. These contracts are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will disposed properly.

If the unfortunate should occur and the couple proceeds with a divorce, a prenuptial or postnuptial agreement can help to avoid legal and financial uncertainty. In Florida, the requirements for a prenuptial agreement as the following:

• Full financial disclosure be provided by both parties;
• Each party have ample time and understanding of the terms and ramifications of entering into any such agreement; and,
• Both parties have the opportunity to an attorney of their choosing for advice or representation prior to entering into any prenuptial or postnuptial agreement.

If you would like to hear more information about what these agreements include or if you would like to determine if they are right for you and your spouse, please contact us to schedule a consultation.