Prenuptial & Postnuptial Agreements

PRENUPTIAL AGREEMENTS

Prenuptial agreements, also known as premarital agreements, are essential in protecting your assets and financial interests before entering into a marriage. A prenuptial agreement is a legally binding contract between two individuals who are planning to get married that outlines the terms of their financial arrangement and relationship.

What is a Prenuptial Agreement?

A prenuptial agreement is a written contract that:

1. States the rights and obligations of each party in regards to their property, including separate and marital property.

2. Establishes how assets will be distributed in the event of a divorce or separation.

3. Defines how debts will be handled in the event of a divorce or separation.

4. May address issues such as spousal support, child custody, and child support.

Why Consider a Prenuptial Agreement?

In Florida, prenuptial agreements are governed by section 61.079 of the Florida Statutes. Here are some reasons why you may want to consider entering into a prenuptial agreement:

1. Financial protection: A prenuptial agreement can protect your assets from being divided in the event of a divorce or separation.

2. Clear communication: A prenuptial agreement encourages open and honest communication about your financial goals, values, and expectations.

3. Avoid disputes: A prenuptial agreement can reduce the likelihood of disputes and litigation in the event of a divorce or separation.

4. Business or inheritance protection: If one or both parties have significant assets or an inheritance, a prenuptial agreement can ensure that these assets are protected.

In Florida, a prenuptial agreement must meet certain requirements to be enforceable:

• Written and signed: The agreement must be in writing and signed by both parties.

• Voluntary and informed consent: Each party must have voluntarily entered into the agreement with full knowledge of its terms and effects.

• Full disclosure: Both parties must provide each other with complete financial disclosure, including income, assets, debts, and liabilities.

• No coercion: The agreement cannot be the result of coercion or duress.

POSTNUPTIAL AGREEMENTS

Postnuptial Agreements are also valid in the State of Florida and are usually considered to come to an understanding regarding the division of assets in the case of death, divorce, or other situations. Postnups are also used to keep inheretiences separate and protect children in blended families.

Postnuptial agreements are governed by section 732.702 of the Florida Statutes which provides that the waiver of certain rights must be signed by the waiving party and in the presence of two witnesses. The Statute specifically provides:

“Waiver of spousal rights.—

(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses.”

If you're considering entering into a prenuptial agreement in Florida, contact our office today to schedule a consultation with our experienced team. We can help you draft a comprehensive and enforceable prenuptial agreement that protects your financial interests.

Contact Regalis Law, P.A. today to assist with your Prenuptial Agreement needs:

(321) 448-0408 | consult@regalislaw.com