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. 

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