Prenuptial agreements make it possible to avoid many of the legal problems couples face in marriage, especially if their marriage ends. Post-nuptial agreements accomplish the same goals, but are created and signed after a couple’s marriage is legally completed.
Discussions about prenuptial agreements can be uncomfortable, but many couples find the benefits outweigh anything awkward. An agreement protects both spouses financially and ensures there is no ambiguity. And while some people are concerned a premarital agreement addresses issues they don’t even want to consider a possibility at the beginning of their marriage, many find that having an arrangement in place helps build a stronger, happier marriage long-term.
If you need assistance with creating a prenuptial or post-nuptial agreement, we can help.
What Prenuptial Agreements Accomplish
Prenuptial and post-nuptial agreements help couples define what will occur should their marriage end.
In Florida, though, there are a few things prenuptial agreements cannot do. For instance, certain rights regarding child support and marital property cannot be altered based on a prenuptial or post-nuptial agreement.
In other cases, without a specific statement addressing an issue related to the distribution of property in a divorce, Florida law will take precedent. For instance, spouses have the right to address the enhancement value of property as they please, but without a specific arrangement in place, laws regarding equitable distribution apply.
This is one of the reasons it’s so important to work with an attorney when creating a prenuptial or post-nuptial agreement. He or she can help you understand the rights of both spouses and create an agreement that is uniquely tailored to your family’s needs. The specific wording in a prenuptial or post-nuptial agreement is critical and can mean the difference between a tidy, non-contentious divorce proceeding and years of court battles.
What Should Be Included in a Prenuptial Agreement?
Prenuptial agreements address a variety of issues, including:
- Rights and obligations of each spouse
- Rights regarding the buying selling, transfer, exchange, or anything else done with property
- Disposition or distribution of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event
- Establishment, modification, waiver, or elimination of alimony or support
- End of life planning
- Ownership rights in and distribution of life insurance policy benefits
- Choice of law governing the creation and design of the agreement
Couples must also include a comprehensive financial disclosure in their prenuptial or post-nuptial agreement, including details about their net worth, net income, and any other information that could affect the distribution or protection of property should the marriage end.
An Attorney Can Help You Create an Effective Prenuptial Agreement
If you need assistance with creating a prenuptial or post-nuptial agreement for you and your spouse, my team and I can help.
My primary legal focus is Florida Family Law, but I also remain active in both the New Jersey and New York Bars. I’ve assisted clients with a variety of family law issues including prenuptial and post-nuptial agreements, and am familiar with laws regarding marriage and divorce in all three states.
I’m uniquely qualified to handle a variety of issues and to provide support for clients who want to work with a single attorney who knows laws in all three jurisdictions. I’m able to travel and work throughout the three states, and I’m able to provide clients with a range of options and information.
If you’re interested in drafting a prenuptial or post-nuptial agreement, Wayne F. Jentis, Esq. and East Coast Law, P.A. can help. We have offices headquartered in Melbourne, Florida (321) 984-4100, with satellite offices and phone numbers in Princeton, New Jersey (609) 921-0033, and New York, New York (212) 729-9987.
For more information or to learn how you can move forward with your legal matter, please contact us at one of the numbers above to schedule a consultation. We provide in depth consultations for a nominal fee that can help you understand your legal rights and to provide you with various options you may have to address your concerns.