Drafting, Reviewing and Enforcing Prenuptial Agreements
Let's face it — prenuptial agreements make many people nervous about the future of their relationships. Survivors of divorce who are considering remarriage tend to be less squeamish. They understand that a prenuptial agreement can vary certain provisions of Florida family law in much the same way that a last will and testament will depart from the default rules of intestate succession.
If your circumstances or past experience indicate the desirability of a prenuptial agreement, or if you've been asked to sign one, the family law attorneys of Brodie & Friedman, P.A. can advise you. Contact us in Boca Raton to learn how a prenuptial agreement can affect your interests for better or for worse.
Call 561-392-5100 for Advice About Prenuptial Agreements
Although a prenup is a highly flexible instrument, there's only so much it can do. For example, it cannot relieve either spouse of child support obligations. The agreement must be based on full and fair disclosure, and each party should have at least a meaningful opportunity for independent legal review before signing the document. Otherwise, a family court judge later on might be inclined to disregard its terms.
Among the things a prenuptial agreement can accomplish are:
- Defining, restricting or waiving alimony rights
- Specifying or clarifying particular assets as separate
- Defining particular debts as those of one spouse or the other
- Documenting one person's payments toward the other person's indebtedness
- Defining certain spousal support or property division rights in terms of the length of the marriage
- Addressing the disposition or retention of business assets, pensions or investments
- Providing a lump sum settlement in lieu of alimony and property division
- Clarifying the property rights of either spouse's adult children from a previous marriage or relationship
In order to be enforced, a premarital contract must be substantially fair both in its terms and in the way it was negotiated and signed. This generally means that you must allow or receive ample time for review, legal advice and careful thought about the terms and what you're being asked to give up.
At Brodie & Friedman, P.A., our lawyers can explain the function of prenuptial agreements, help you develop specific terms, and draft the contract so as to express your intentions in clear and precise language. We can also review an agreement that you've been given to sign, and explain the meaning of each term and its legal consequences. In divorce cases, we examine prenuptial agreements and either seek to enforce their provisions or challenge them, depending on our client's objectives and the soundness of the agreement before us.
We also advise clients about postnuptial agreements, which address similar issues but are prepared and executed after marriage. For additional information about the preparation, review or enforcement of a prenuptial or postmarital agreement, contact Brodie & Friedman, P.A. in Boca Raton.
