Family Law:
Pre-Nuptial and Post-Nuptial Agreements
About
Pre-Nuptial and Post-Nuptial Agreements
A pre-nuptial agreement is a practical measure for avoiding family problems in case of divorce or death. The main objective of a prenuptial agreement is to modify certain provisions of Florida family law to better fit the actual circumstances of a couple contemplating marriage. A prenup will usually limit or displace the right of the spouses to seek alimony in the event of divorce, and very often will specify a lump sum settlement to serve in lieu of property division rights. The agreement might also specify certain assets as separate property, or certain debts as the sole responsibility of one spouse.
In order to be enforceable, the prenup must be fully voluntary on the part of both spouses, supported by full and accurate disclosure of each person’s financial and family circumstances, and give each person a fair opportunity for independent review. A prenuptial agreement cannot vary the responsibilities of either spouse for child support under the Florida guidelines.
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Post-nuptial agreements are entered into between spouses during their marriage (or as Marital Settlement Agreements at the time of divorce) in order to define rights between them upon termination of their marriage. While similar to prenuptial agreements, post-nuptial agreements require full disclosure of income and expenses as well as assets and liabilities. As a safeguard, it is advised that such full disclosure also be made when entering into prenuptial agreements.
Whether you need an attorney to draft a prenup or posnup, advice about the terms of a prenup you’ve been asked to sign, documentation for an agreement you and your intended have already worked out, or a reliable opinion about the enforceability of an existing agreement in court, the David Chico Law Group can help.
