PRENUPTIAL AGREEMENTS
A Prenuptial Agreement is an agreement made before two people get married. This agreement is commonly called a "prenup". The purpose of a Prenuptial Agreement is to decide in advance what will happen to property or support in the event of divorce or death. You may wish to have a Prenuptial or Postnuptial agreement if:
- You or your future spouse have children from a prior relationship.
- You or your future spouse have significant assets or debts.
- You or your future spouse own a business.
It is essential to have a family law specialist draft a prenuptial agreement as the agreement can be attacked and deemed unenforceable if not drafted properly. Similarly, it is equally important to have a family law specialist examine your prenuptial agreement if you are contemplating divorce. Some of the critical bullet points you should be aware of are:
- With two notable exceptions, prenuptial agreements must be in writing in order to be enforceable.
- Provisions in a prenuptial agreement with respect to minor children's issues are always subject to change.
- Spousal support/Alimony following a divorce can be waived in a prenuptial agreement if the written waiver is specific.
- The right to an equitable distribution of property can be waived in a prenuptial agreement.
- Generally, temporary support obligations cannot be waived.
- Parents cannot contract away their obligation to pay child support.
- A spouse may seek to set aside or modify an agreement by establishing that it was entered into under fraud, deceit, duress, coercion, misrepresentation or overreaching.
If you are interested in consulting with our firm about Prenuptial Agreements, please contact our office to schedule a FREE CONSULTATION.
POSTNUPTIAL SETTLEMENT AGREEMENTS
Postnuptial agreements are similar to prenuptial agreements but are entered into after the parties are married. As with prenuptial agreements, it is crucial that you contact a family law specialist if you are seeking to enter into, challenge or fend off a challenge to the enforcability of a postnuptial agreement.
MARITAL SETTLEMENT AGREEMENTS
Marital settlement agreements are agreements that finalize all issues between the parties at the time of a divorce. A Court will generally adopt the marital settlement agreement as part and parcel of the final judgment dissolving the marriage if the agreement is properly drafted and comports with Florida law. The parties must be careful to be very specific concerning their rights and obligations to avoid confusion and disagreements in the future. Furthermore, the agreement must be very specific so that unintended results do not occur. Obviously, you should have a skilled family law attorney that explains to you all of your rights and obligations concerning childrens issues, equitable distribution, alimony, child support, and attorney's fees before entering into a negotiation concerning a marital settlement agreement.
If you are interested in consulting with our firm about Postnuptial/Marital Agreements, please contact our office to schedule a FREE CONSULTATION.
