In Florida, there are two types of nuptial agreements: prenuptial and postnuptial. Prenuptial agreement are entered into before the marriage itself and set forth each spouse’s rights and obligations in the event of death or divorce – and sometimes during the marriage itself. Postnuptial agreements are entered into after the marriage and address the same issues. These agreements are intended to:
1) Protect assets in the event of divorce,
2) Distribute assets in the event of death,
3) Establish obligations of each party during the marriage; and
4) If applicable, address child support and parenting responsibilities
Because of the time, energy and emotion that goes into these documents, it is critical that you partner with counsel with experience drafting and defending these documents. For example, failing to properly disclose a particular asset has the potential to invalidate the entire agreement. It is also highly recommended that both spouses have independent legal counsel during this process. At GD&C, our attorneys plan, draft, review and defend these important agreements. Contact us today if you are considering to partner with an attorney through this process.
