Understanding Florida Premarital and Postmarital Agreements
At the law firm of Robert J. Moraitis, P.A., our family law attorneys offer comprehensive client service on all aspects of prenuptial or postnuptial agreements. We can advise you about the use of a pre- or post-marriage contract in your situation, or review a prenup that you have been asked to sign. We can let you know whether your circumstances after marriage make a postnuptial agreement advisable. In the event of divorce, we can give you a good idea of the enforceability of an agreement that is already in place, and depending on the details, we can attack or defend its terms.
Contact our office in Fort Lauderdale to learn about the way we help clients deal with prenuptial or postnuptial agreements either as a transaction that can protect your future interests or as an important consideration in your divorce.
Florida Prenuptial Agreements Advice: Call 954-525-9600
There are many situations where it makes sense to consider a prenuptial or postnuptial agreement — significant differences in the ages or financial circumstances of the spouses, children from prior marriages, substantial changes in the spouses' finances or objectives after marriage, or a goal of simplifying property division or alimony issues in the event of a divorce.
In order to be enforceable, a prenup or postnup needs to be fair to both spouses and based on full disclosure. The person asked to sign a proposed agreement should also have the opportunity for independent legal advice.
In divorce cases, it's not unusual for the spouse who feels disadvantaged by a prenuptial agreement to challenge it on the grounds of coercion or misunderstanding. In order to protect the enforceability of the agreements we prepare, we videotape the execution of the prenup to create a record of each person's understanding of the terms and to avoid later claims of duress or undue pressure.
A good prenuptial or postnuptial agreement can avoid many later problems while providing a sense of security similar to the one you get from a good estate plan. To learn more about these instruments and how they might work in your situation, contact a Fort Lauderdale prenuptial agreements lawyer at the office of Robert J. Moraitis, P.A.
