Nuptial Agreements Can Prevent Problems in the Future
The Minaya Law Offices in Plantation is experienced in Pre- and Postnuptial Agreements and will advise on how to fully cover all bases to prevent future financial surprises or ruin by. Although previously considered controversial, nuptial agreements are becoming more commonplace in Florida. Statistics show that at least one in three of all first marriages and a larger percentage of second or third marriages end in divorce (it could be yours). When you get a divorce, your spouse may be entitled to a percentage of your personal property such as your house, stocks, and retirement income.
Prenuptial and Postnuptial Agreements offer couples who are planning to get married (or are married) the security of a legal agreement on such sensitive topics as property distribution, child custody and spousal support in case of a separation, divorce or the death of one spouse.
Florida Nuptial Agreements
The two types of nuptial agreements are prenuptial and postnuptial agreements. A prenuptial agreement (antenuptial agreement, or premarital agreement, prenup or prenupt) is Family Law contract entered into by the parties prior to marriage or civil union while a postnuptial agreement (postmarital agreement) is a similar agreement but entered when married, or in a civil union. Florida courts view nuptial agreements as properly enforceable contracts, subject to the prevailing Florida Law. Nuptial agreements are normally “notarized” or acknowledged and is usually the subject of the statute of frauds.
The content of a prenuptial or postnuptial agreement can vary widely, but usually includes rights and obligations for the division of property, spousal support and other Family Law issues in the event of a separation divorce or breakup of marriage/civil union or death.
Nuptial agreements may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery and conditions of guardianship may be included. When divorce is imminent, postnuptial agreements are referred to as separation agreements.
For nuptial agreement valid they must be:
- Fair, in writing, signed by both parties, and properly witnessed
- Executed voluntarily
- Full disclosure of each party’s financial status
The Benefits of Prenuptial and Postnuptial Agreements in Florida
Florida follows the equitable distribution principles, and the court will enforce an “equitable” distribution of the property and assets of the marriage based on the circumstances of the parties. The Minaya Law Offices can help you to draft a prenuptial agreement, that:
- Define what property is separate property and marital property
- Protect your separate property or eliminate all your rights to property
- Ensure debt protection if one spouse comes to the marriage with debt
- Protect the financial stability of your children
- Protect your business and who will be running it
- Establish, modify, waive, or eliminate spousal support
- Make a will, trust, or other arrangements to carry out the provisions of the agreement
- Specify ownership rights in and disposition of the death benefit from a life insurance policy
- Specify the right to act as an executor and administrator of your or spouse’s estate
- Reduce conflicts and save money in case of a divorce
- Clarify special agreements and establish procedures and ground rules for deciding future matters
Communicating about financial matters may strengthen your relationship and build trust and honesty.
Prenuptial or Postnuptial?
In Florida, there is a significant difference between the prenuptial agreement and the postnuptial agreement and the courts tend to assume that a prenuptial agreement is always valid and prefer them as opposed to a postnuptial agreement. The Minaya Law Offices in Plantation, Florida will educate you on the differences between the two agreements and that the prenuptial agreement will protect all your assets prior to entering into a marriage or union, while a postnuptial agreement is harder to enforce. Although a Prenuptial Agreement is preferable; a Postnuptial Agreement is better than no agreement at all.
Nuptial agreements provide surety in a world where love and marriage may not and in drafting a nuptial agreement you should seek professional help from a Family Law Attorney at the Minaya Law Offices. These agreements can become very complicated since they may alter property rights, title, and also trigger significant tax implications.
Contact Us for Help
Attorney Radoyka J. Minaya will companionably guide you through each step the prenuptial or postnuptial agreement process and will ensure that both you and your spouse is complexly comfortable with the agreement. Contact us today at 954-526-9092 or complete the contact us form to schedule a free consultation. Se habla Español.