Prenuptial & Postnuptial Agreements


Experienced Marital Agreement Attorneys Serving South Florida

As second and third marriages have become increasingly common, so too has the use of prenuptial and postnuptial agreements to protect the wealth of one or both spouses in the event that a relationship does not endure. A prenuptial or postnuptial agreement is a contract that allows a couple to predict and determine the division of marital assets and debts, establish or waive support obligations, and protect children from a previous marriage.

At Gladstone, Weissman, Hirschberg & Schneider, P.A., we guide and counsel clients in negotiating and drafting prenuptial, postnuptial, and separation agreements, with two objectives in mind: To achieve our clients’ goals and to avoid any negative legal and financial consequences in the event of divorce.

Compared to the cost of divorce litigation, a well-written prenuptial or postnuptial agreement is worth the money; it can save tens of thousands of dollars in future legal fees.

Understanding Prenuptial vs. Postnuptial Agreements in Florida

Here's a comparison of prenuptial and postnuptial agreements in Florida:

Prenuptial Agreement in Florida:

  • Requirements: To form a valid prenuptial agreement in Florida, both parties must fully disclose their financial assets and liabilities. The agreement must be in writing and signed voluntarily by both parties. It becomes effective upon marriage.
  • Content: Prenuptial agreements in Florida can handle various financial matters, like property division, spousal support, and distribution of assets and debts. However, they cannot contain provisions that affect child custody or child support, as the court determines these matters based on the child's best interests.
  • Enforceability: Florida law typically upholds the enforceability of prenuptial agreements as long as they meet the statutory requirements and are fair and reasonable at the time of signing. Yet, if one party can prove coercion, fraud, or that they did not voluntarily sign the agreement, it could be challenged in court.

Postnuptial Agreement in Florida:

  • Requirements: Postnuptial agreements in Florida are comparable to prenuptial agreements but are entered into after marriage. They must also be in writing and signed voluntarily by both parties. Full financial disclosure is generally required.
  • Content: Like prenuptial agreements, postnuptial agreements in Florida can address property division, spousal support, and other financial matters. They cannot include provisions regarding child custody or child support.
  • Enforceability: The enforceability of postnuptial agreements in Florida can be more scrutinized than prenuptial agreements. Courts may examine the circumstances surrounding the agreement's creation, including whether both parties had adequate legal representation and whether coercion or fraud was involved.

Securing Your Financial Future with Solid Marital Agreements

Regardless of the agreement involved, our law firm works to make sure there is full disclosure of income and assets to avoid future challenges to the agreement. We are diligent in our efforts to create valid and enforceable pre- and postnuptial agreements that effectively protect our clients’ rights and interests.

Our attorneys utilize a full-service approach when drafting prenuptial agreements. We review all concerns and address them in the agreement, including:

  • Assets brought into the marriage
  • Tax consequences of specific asset-division
  • Future disposition of marital assets
  • Estate planning concerns
  • Protection of family businesses or small businesses/enterprises
  • Minimizing attorney fees and litigation costs

Each variation on these contracts, pursuant to which marrying or divorcing spouses agree to conduct their most personal family and financial affairs, requires painstaking attention to detail and foresight. Whether an agreement is designated before, during, or at the conclusion of a marriage, these agreements often become a central blueprint by which current or future spouses conduct their affairs for years to come.

Learn more about how the lawyers at Gladstone, Weissman, Hirschberg & Schneider, P.A. can draft a prenup to help avoid future marital complications. 

Contact Our Boca Raton Lawyers for Marital Agreement Expertise at 561.447.2274 or Request a Consultation Online.

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