Prenuptial & Postnuptial Agreement Attorneys
Subject to certain exceptions, prenuptial and postnuptial agreements are enforceable under Florida law. These agreements usually address your financial arrangements, division of assets, custody, child support, spousal support, and a number of other issues.
While many people believe that signing a prenuptial agreement is not applicable in their case, a prenuptial agreement can ultimately protect your financial interests, reduce the potential for litigation and clearly define your rights and obligations.
Prenuptial Agreements
In Florida, prenuptials, or “prenups” define the terms of separation or divorce so that both parties have a clear understanding of their rights and obligations in the event of divorce. While the idea of a prenuptial agreement may seem unromantic or may appear to bode poorly for a relationship, it is important to protect your rights and have an open and honest conversation about the financial obligations you will make before marriage.
A prenup is not simply a paper signed by both spouses. Rather it is a complex document which imposes a legal obligation on both parties concerning finances throughout the divorce. To enforce a prenuptial agreement in Florida, it must be a written document, voluntarily signed and supplemented with financial disclosures by both parties.
Reasons for Signing a Prenup
You have pre-martial assets you wish to protect in the event of a divorce.
You own business or other property and wish to keep it separate in the event of a divorce.
You have children from a previous marriage, and want to protect their financial security.
You want to establish factors related to alimony in the event of a divorce.
If you have been served with a prenuptial agreement and want independent counsel to protect your rights, or if you are concerned about certain language in a prenuptial agreement and want a clear understanding of your rights and obligations, you should consult with the trusted attorneys at Mockler Leiner Law, P.A.
What is Included in a Prenup?
The ability of each spouse to control or manage assets and debts during the marriage
The division of property upon divorce
The question of whether alimony will be paid following divorce, for how long and for how much
The division of pensions, retirement accounts, and life insurance policies
The question of whether a will should be prepared to execute agreement
It is important to note that neither child custody nor child support are determined within the prenuptial agreement. To make a determination regarding child custody, the Court will use its discretion to act in the child’s best interest based on the circumstances at the time. In regards to child support, the right to support belongs to the child under Florida Law. It is not waivable by the parents. Thus the Court will typically calculate child support pursuant to the Florida child support guidelines, based on both parties’ income, and time-sharing arrangements, and in accordance with the child’s needs and parents’ ability to pay.
Postnuptial Agreements
Postnuptials or “postnups” are agreements made during a marriage. There is no time limitation for creating a postnuptial agreement. You can even enter into a postnuptial agreement before you inherit money. A postnuptial agreement may define financial support, including spousal support or child support, and make determinations for child custody or parenting time arrangements. Whether you have been asked to sign a postnuptial agreement or you want one of your attorneys to review the document to protect your interests, contact Mockler Leiner Law today.