Prenuptial and Postnuptial Agreements

At Hughes Law Group we offer advice on the drafting, enforceability, and interpretation of both prenuptial and postnuptial agreements. These agreements typically modify Florida family law to fit the needs that married or soon-to-be-married couples face. When a couple is looking for a prenuptial or postnuptial agreement, they may be looking to protect premarital property including monetary assets. By implementing a prenuptial or postnuptial agreement, a couple is saving time and attorney fees if for some reason the relationship goes sour.

PRENUPTIAL AGREEMENTS:

prenuptial-agreement

Prenuptial agreements in Florida are used as a precautionary measure by couples contemplating marriage. They typically are fulfilled to avoid family problems down the road in case of divorce or death.  Prenuptial agreements are meant to limit a spouse’s right to seek alimony in the event of a divorce. Typically, the alimony will be replaced with a lump sum settlement. In order to be enforced, both spouses must fully volunteer to participate and each party must be given a fair opportunity to independently review the documents. Some examples of when a prenuptial agreement would be utilized include:

  • If in the past you’ve been through a traumatic divorce and want security as you move into a new marriage
  • If you have children from a first marriage and want to ensure they are protected financially if the new marriage is to go sour
  • If you have inherited money from your family and you want to make sure your spouse can’t access it
  • If you want to secure your current funds in case something is to happen down the road with the relationship
  • If you have a business that you want to protect in the event of a divorce

POSTNUPTIAL AGREEMENTS:

A couple makes a postnuptial agreement after they are married and while they are still in a harmonious marriage. In order to have a successful postnuptial agreement the advice of a skilled family law lawyer should be sought to avoid any mistakes. This type of agreement makes sense for a couple if the spouses wish to ensure certain assets are kept separately. Like a prenuptial agreement, it is important that this type of agreement be voluntary between the couple. Some examples of when a postnuptial agreement might be a good idea include:

  • If you are a stay at home spouse that is raising your family’s children and are completely dependent on the other spouse for income
  • If a spouse is in a business partnership and the partners want an assurance that a divorce will not affect ownership
  • If you and your spouse are currently having arguments about money and want peace of mind that if the marriage ends each person in the marriage will be taken care of fairly
  • If you are inheriting assets from your family, but your family wants to ensure the assets are utilized by only you and not your spouse

PRENUPTIAL/POSTNUPTIAL AGREEMENT ATTORNEY IN TAMPA:

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When dealing with prenuptial or postnuptial agreements, Hughes Law Group is the ideal firm to deal with these documents, whether it is the drafting,
determining their validity or their interpretation. Attorney Hughes has years of experience and provides detailed advice on all aspects of these agreements. It is always advisable to have a highly qualified attorney draft these agreements and oversee the execution of these agreements. However, often parties have already executed these agreements early on and want to find out whether they are now valid and enforceable. Further, there may be questions as to what the agreements mean. To learn more about how we can help, contact us today about your prenuptial agreements or postnuptial agreements.