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Marriage is a significant step, and sound financial planning can help secure your future together. Pre- and postnuptial agreements are important tools to protect your assets and clearly define your future intentions.
At Jorge L. Gonzalez Law, we understand that discussing finances can be a sensitive topic. With over 30 years of experience assisting families in South Florida, our team offers thoughtful and expert guidance. We’ll make sure you feel comfortable and well-informed as you create an agreement that protects your interests and provides lasting peace of mind.
What’s a Prenuptial Agreement All About?
A prenup (short for prenuptial agreement) is a legal paper that two people sign before they get married. Think of it as a financial game plan for your marriage. It helps you and your partner decide upfront how you’ll handle your money and belongings, both while you’re married and in case things don’t work out later on. In Florida, for this agreement to be real and binding, it has to be written down and signed by both of you. Fla. Stat. 61.079.
What Does a Prenup Cover?
A prenup can bring clarity to several important areas:
- Separate Property: It spells out what each person already owned before saying “I do.”
- Dividing What You Build Together: It outlines how things you acquire or earn during your marriage would be split if you ever get divorced.
- Support After Marriage (Alimony): It can determine if one person will get financial support from the other after the marriage ends, and what the terms of that support would be.
- Looking to the Future: This can include plans for things like life insurance, what happens to your assets if something unexpected occurs, or even how to avoid certain debts.
What a Prenup WON’T Decide
It’s important to know that a prenup cannot make decisions about your children. Things like who gets custody, how much child support is paid, or parental responsibilities are decided separately by the courts, always with the children’s best interests in mind.
What’s a Postnuptial Agreement?
A postnuptial agreement is a legal contract spouses sign after they’re married. Similar to a prenup, it lays out how a couple’s money, property, and debts will be handled during their marriage. Keep in mind that, just like in premarital agreements, postnuptial agreements cannot decide child custody or support.
Why Consider a Postnup?
Couples often choose a postnup for several practical reasons:
- Protecting Inheritances: It can help ensure children from a previous relationship receive their planned inheritance.
- Adjusting to Life: As finances change, a postnup lets couples update how they manage their assets.
- Preventing Future Conflicts: Clearly defining financial terms can help avoid arguments later on, should the marriage end.
Are Your Agreements Legally Valid in Florida?
For a prenuptial or postnuptial agreement to hold up in a Florida court, key rules must be followed:
- Signed Willingly: Both people must agree to and sign the document without any pressure or force.
- Honest and Open: The agreement can’t be based on lies, threats, or unfair practices.
- Financial Honesty:
- For prenups made from October 1, 2007, onward: If someone challenges the agreement, they need to show they weren’t fully informed about their partner’s finances, didn’t agree to skip this information in writing, and couldn’t have easily learned about it.
- For older prenups (before October 1, 2007) and all postnups: An agreement might be challenged if it was created through deceit, or if it’s considered unfair to one spouse given their age, health, schooling, and money. If it seems unfair, the other spouse must then prove they shared all financial details or that their partner already knew enough about their money.
- Written Down: All agreements must be in writing and signed by both parties.
- Witnesses for Inheritances: If the agreement talks about inheritance rights, two witnesses must be present when it’s signed.
Florida courts can set aside postnuptial agreements if they’re found to be unreasonable or unfair. The court will look at things like each person’s age, health, money, and education when deciding.
Agreements Made Outside of Florida
If your prenuptial or postnuptial agreement was created in another state or country, but you’re getting divorced in Florida, its legal standing will depend on the laws of both places. Florida won’t enforce an agreement if it conflicts with our state’s public policies or is considered unfair.
Collaborative Law for Agreements
For couples who want to approach prenuptial or postnuptial agreements in a less adversarial way, the collaborative law process can be an excellent option. This method encourages open communication and mutual decision-making between spouses, with legal counsel present to guide them. It aims to reduce tension and create a supportive environment where both parties work together to reach fair and agreeable solutions.
Expert Legal Guidance for Your Prenuptial & Postnuptial Agreement in South Florida
At Jorge L. Gonzalez Law, we understand that deciding on prenuptial or postnuptial agreements involves sensitive personal matters. With over 30 years of family law experience in South Florida, our team provides thoughtful support as you consider your path. We’re dedicated to ensuring you grasp your legal choices and can skillfully draft agreements that truly serve your interests.Contact us at 305-227-4700 for a consultation to discuss how we can help protect your financial security.
