Post and Prenuptial Agreements:
What is a Prenuptial agreement?
A prenuptial agreement is a legal contract between parties that are about to enter into a marriage. In
these agreements prospective spouses can determine the property rights of each other throughout the marriage or
upon the occurrence of a divorce or other event. Some of the issues that can be negotiated through a
prenuptial agreement are:
- The rights and obligations over existing property;
- The rights and obligations to manage property;
- How property should be separated upon the occurrence of divorce, death, or any other event;
- Spousal support and alimony issues;
- Death and inheritance rights; or
- Personal rights and obligations or any other matter not against public policy.
What is a Postnuptial agreement?
A postnuptial agreement is exactly like a prenuptial agreement (described above), but it is entered into after
the parties are already married.
What is an Antinuptial or Premarital agreement?
These are the same exact things as prenuptial agreements, they are synonyms of prenuptial.
Are Prenuptial agreements valid in Florida?
Yes, in Florida prenuptial and postnuptial agreements can be entered into between prospective spouses or married
parties. Whether any particular agreement is upheld as enforceable and valid is a different story
altogether.
I am about to get married, should I get a Prenuptial agreement?
Prenuptial agreements are not right for everybody contemplating marriage but if any of the following apply to
you, you should strongly consider entering into one:
- You have property and assets you want to retain in the event of a divorce;
- You make significantly more than your prospective spouse;
- You have the potential to make significantly more than your prospective spouse (through current educational
or career advancing endeavors);
- You have a business;
- You plan on starting a business;
- You receive regular financial assistance from family members;
- You want absolute control on how your estate is distributed; or
- You want to prevent an expensive legal fight over marital finances in the event of a divorce.
Websites and other attorneys offer flat rate Prenuptial agreements, how much do you charge?
The Switlyk Law Firm does not offer flat rate prenuptial agreements and all contracts must be individually
negotiated and drafted. As a result every agreement will cost a different amount based on each party’s
individual circumstances and negotiation. Our goal is to provide a legally valid and enforceable agreement
for the parties.
What's wrong with a flat rate Prenuptial agreement?
The only reason to have a prenuptial agreement is because you want to ensure a certain outcome in the event of a
divorce, death, etc. Often, the terms of a prenuptial agreement are less favorable to one spouse then the
legal rights that spouse would have if the agreement did not exist. In those cases, a spouse will want to
attack the validity of the agreement so he/she could enjoy a more favorable outcome under Florida’s divorce
laws. If the agreement is not fully negotiated, preferably with both sides having legal counsel, then there
is a very good possibility the agreement will be invalidated. However, going through the proper legal steps
ensures a valid and legally enforceable agreement in the event you need it.
Can you change or modify a Prenuptial agreement?
Yes. Spouses that entered into a prenuptial or postnuptial agreement can always modify or revoke that
agreement in the future. However, just like when originally entering into the agreement, all modifications to
it must be in writing and fully negotiated to ensure they are legal and enforceable.
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