PRENUPTIAL / POSTNUPTIAL AGREEMENTS
Florida Prenuptial Agreements
Under Florida law, a prenuptial agreement is a contract signed between two parties who intend to get married, which defines their respective rights and obligations during the marriage, or at a later time if the marriage is dissolved.
Prenuptial agreements can be used to attempt to avoid expensive and lengthy legal battles that sometimes occur when a marriage ends.
They can also be used to avoid equitable distribution of their assets by a court during a divorce, by instead instructing the court on how assets should be divided between the parties.
Prenuptial agreements can address a variety of issues such as:
- Distribution of assets
- Division of property
- Promises made between parties
- How each party will be supported after a divorce
- Child support and parenting responsibilities
Florida Postnuptial Agreements
A postnuptial agreement is similar to a prenuptial agreement. Postnuptial agreements may be created without anticipation of divorce and are used to set forth the rights of parties during the marriage or in the event of death.
They can also be created when a married couple anticipates divorce and wishes to amicably distribute their assets. As with prenuptial agreements, postnuptial agreements must be in writing and should be reviewed by a qualified divorce attorney in order to ensure that all rights are adequately protected.