Prenuptial and postnuptial agreements are recognized and enforceable as contracts in Florida. They allow couples to determine the division of marital assets and debts, create or waive support obligations and to change the way property is distributed in the event of the death of one of the spouses.
Although people may believe that these types of agreements are used to disadvantage a spouse who comes into the marriage without money, a prenuptial agreement is a way for couples to do solid financial planning for the family. It affords couples the opportunity to have serious conversations about the family finances and to understand each other’s views on money.
Prenuptial agreements are also a way to keep non-marital assets separate from marital assets and to provide for children from a prior relationship. Properly negotiated and drafted, a prenuptial agreement can create a solid understanding of how the family wealth will be handled, not only while the parties are married, but also in the event of death or divorce.
An agreement negotiated while the parties are still committed to the other’s welfare can avoid the waste of family resources in the unfortunate event of a divorce.
Fundamental to the enforceability of a prenuptial agreement is making full and accurate disclosure of the income and assets of both parties. We will assist you in creating an agreement that will stand up to any potential challenge in the future.