Prenuptial & Postnuptial Agreements
Fort Lauderdale Divorce Attorneys Offering Experienced Legal Guidance
After practicing family law for more than 35 years combined, our Fort Lauderdale divorce lawyers at Arcaro Law Group know the value of prenuptial and postnuptial agreements. While these legal documents may seem like a negative, unlucky, or unromantic concept at first glance, they can help prevent many potential conflicts and hardships in a marriage by taking the proper measures ahead of time.
If you’d like to know more about entering into a prenuptial or postnuptial agreement with your significant other, contact Arcaro Law Group at (954) 800-2880 to schedule a consultation!
What Are Prenuptial & Postnuptial Agreements?
Prenuptial and postnuptial agreements are legally binding agreements between two people either before they enter into a marriage or during the marriage that cover a wide range of financial and property-related topics.
These documents typically include agreements regarding:
- Dividing property – What property is considered marital and what will remain non-marital
- Estate planning – How the estate will be handled in the event of the death of one partner
- Alimony/financial support – What support both or either partner are obligated to pay during or after the marriage
- Personal rights and other obligations – Any remaining obligations and protections required by the two parties
As the name suggests, prenuptial agreements are created prior to a marriage between the two parties. The benefit of such an agreement is the understanding between the two spouses of what the marriage will look like financially and what they can expect should anything happen in the future. Likewise, postnuptial agreements provide the same security but are drawn up after the couple is already married. Postnuptial agreements are often helpful when a couple finds themselves in conflict over a current financial matter and allows them to avoid disputes in the future. These agreements are becoming more popular as couples accept the reality of divorce and decide how to distribute their property in the event their marriage ends. To most couples, this process is not divorce planning but instead economic planning for future financial security. This is particularly true to the extent prenuptial agreements are fully enforceable as they relate to property distribution.
Why Should I Enter Into a Prenuptial or Postnuptial Agreement?
No one anticipates, or even wants to consider, the possibility of marital disputes that can lead to divorce, especially before the marriage has begun. However, the law provides certain rights that can only be overridden by such agreements. These agreements can protect you from what the law would otherwise grant to the other person. Simply stated, these agreements take care of financial issues so that you can focus on the health and happiness of your marriage relationship. If you’re considering a prenuptial or postnuptial agreement, it is recommended that you seek your own legal counsel, rather than shared counsel with your spouse. This way, your attorney can better assess the agreement in terms of your best interest.
Can I Challenge My Prenuptial Agreement?
In Florida a divorcing spouse may challenge a prenuptial agreement on primarily on two basis. First, a challenging spouse may challenge the procedural fairness of the agreement which relates to issues such as duress or fraud in the process of entering into the agreement. A spouse may also challenge the substantive fairness of the agreement which includes a multi-faceted test related to the agreement’s fairness. If you have questions about terms of a proposed prenuptial agreement or entering into an agreement, contact our office for advice and consultation on your rights.
An experienced prenuptial agreement attorney can help you evaluate your options and tailor an agreement to meet your specific needs. These agreements are frequently used to limit each party's financial responsibilities in the event of divorce. Prenuptial agreements in Florida must be reduced to writing to be enforceable, oral promises do not replace the need for a written agreement. Many people entering into a second or subsequent marriage may desire to protect their property for prior born children. Regardless of the motive or desire to address your property rights prior to marriage, we can help you explore your options and evaluate the best course your specific needs.
In some cases, parties do not realize the need or desire to enter into an agreement resolving potential property disputes until after they marry. Whether your case involves marital difficulty or the desire to protect premarital or non-marital property, post-marital agreements are valid and enforceable. To explore your rights and options with a post-nuptial agreement attorney, contact our offices.
Call Arcaro Law Group at (954) 800-2880 to proactively protect the financial security of you and your marriage.