Prenuptial and Postnuptial Agreements

Prenuptials and Post-Nuptial Agreements are not only for the wealthy who have vast assets, but it is for anyone who wants to save money in a divorce and take control over the outcome of the divorce instead of leaving your financial future in the hands of a judge. Because these types of marital agreements generally focus on financial concerns, spouses can place the focus on building a stronger emotional relationship rather than placing the focus on assets, debts, property one spouse or the other owned prior to the marriage, and other issues that can cause dissention.  These contracts determine the distribution of assets, debts, alimony, and other issues in the event of a divorce.  A prenuptial or a postnuptial agreement can allow you to modify specific provisions of Florida divorce law to fit your particular circumstances better. Prenups in Florida are expressly allowed by Florida’s Uniform Premarital Agreement Act (§61.079 of the Florida Statutes). The Premarital Agreement Act sets forth the requirements for entering into a legally enforceable Florida Prenuptial Agreement. O the other hand, postnuptial agreements are executed sometime after the parties were married. Postnuptial agreements try to do the same as prenuptial agreements, but these contracts are done after the couple is already married.

If you have been sponsored for immigration purposes and your spouse to be is wanting you to sign a pre-nuptial agreement, please seek the advice of a Florida licensed attorney since you may be waiving your rights under Florida and federal law in the event of a divorce.

You should never sign a document you do not understand. Prenuptial and postnuptial agreements are in fact contracts that will have drastic repercussions in you present and future life; thus, please seek the counsel of a Florida licensed attorney.


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