It does not matter what assets each party has or acquires during their marriage, if a dissolution occurs down the road, dividing those assets can become very complicated. By entering into a prenuptial agreement or postnuptial agreement, couples can avoid the hassle of dividing their assets and enter into or continuing with a marriage with peace-of-mind.
Prenuptial Agreements are contracts created and agreed upon before the marriage takes place. It will specify how assets and liabilities are handled before, during and after the marriage (whether via divorce or death). Prenuptial Agreements may also address the issue of alimony or spousal support and are wise for any couple, especially if:
It is important that couples discuss a prenuptial agreement thoroughly with an attorney. Marriage is not just an emotional bond — it is a financial bond. By entering into such agreement, couples may find that their relationship is strengthened and their financial security protected.
Postnuptial agreements are contracts signed after a couple is married. This often occurs when couples are concerned about asset protection or did not have time to sign a prenuptial agreement before getting married or at times when couples are uncertain whether divorce should be the next step in their relationship and would like to address issues of equitable distribution and spousal support but remain married.
Postnuptial agreements can include similar provisions as prenuptial agreements, and they spell out how assets and liabilities will be distributed upon death or divorce.
It is imperative that these types of agreements are drafted in accordance with Florida Statutes and the applicable case law in order to protect the best interests of both parties.
Therefore, an attorney with experience in family and marital law can assist to can negotiate terms of the agreement, ensure your assets and income are protected, and help your relationship avoid financial strain and misunderstandings in the future.