Miami Prenuptial & Postnuptial Agreement Lawyer
Prenuptial agreements are no longer the dubious prospect they once were. In fact, more and more often, both parties to a marriage see the value of entering into a prenup prior to the marriage – or entering into a postnup during the marriage – and there is nothing dubious about it. Both prenuptial and postnuptial agreements are nothing more and nothing less than binding legal contracts that direct certain aspects of your finances in the event of divorce. The stigma that prenuptial agreements and postnuptial agreements hasten divorce is simply not true, and you shouldn’t let this notion stop you from exploring your concerns relative to these often-important legal tools. If you are considering a prenup or have been asked to sign one, do yourself a favor by consulting with an experienced prenup lawyer in Miami.
The distinction between prenuptial agreements and postnuptial agreements is when you enter into the legal contract. When a couple marries, and there is a complicating factor involved, entering into a prenuptial agreement prior to the marriage allows the couple to address the matter head-on and to move forward without the additional concern of whatever the complication is. A complicating factor can mean any of the following:
- When one or both of the parties has significant separate assets of their own
- When one or both of the parties stands to inherit a considerable estate
- When one or both of the parties have a child from another relationship and want to protect the child’s inheritance (or has other considerable estate planning concerns)
- When one or both of the parties own a business and/or separate properties
- When one or both of the parties is involved in a family business
Addressing matters such as these before marriage can provide couples with the peace of mind they’re looking for. As such, prenuptial agreements are created and signed prior to marriage, but they do not go into effect until the couple marries. If there is no marriage, the prenuptial agreement has no legal bearing.
Postnuptial agreements, on the other hand, can address all the same issues, but they are entered into and signed after the couple has married (often as a kind of safeguard to help protect the accumulation of considerable assets over the course of a marriage). Once executed – or signed – a postnuptial agreement becomes legally binding (as long as it is an enforceable legal contract, to begin with). Because postnuptial agreements are considered more vulnerable to coercion (within the marriage), courts tend to take a more cautious approach with them. If you’re considering a postnuptial agreement, it’s in your best interest to discuss the matter with a dedicated postnup attorney sooner rather than later.
Is a Prenuptial Agreement Really Necessary?
You’re getting married, and it’s natural to push back a bit against the notion of a prenuptial agreement. After all, they’ve earned quite a reputation in the annals of popular culture. The truth is that if you and your soon-to-be spouse are just starting out in life and don’t have any separate property to speak of, a prenuptial agreement may not be something you need to concern yourself with. As more and more couples, however, enter into marriage after they’ve developed lucrative careers and businesses, prenuptial agreements have become more important and more prevalent. And for second marriages in which children are involved, taking the time to at least consider a prenuptial agreement before saying I do is well advised.
Points to Keep in Mind
People have a lot of preconceived notions when it comes to prenuptial and postnuptial agreements, and better understanding the basics can help to ensure that you make the right choices for you moving forward.
A Future Postnuptial Agreement Is Not a Good Substitute for a Prenuptial Agreement (if You Need One)
If you don’t want to think about a prenuptial agreement now and are relying on a postnuptial agreement to help you out in the future, it’s a bad strategy. Postnuptial agreements are often employed to address prenuptial agreements that have grown hopelessly outdated or in response to the acquisition of considerable wealth during marriages. If you have a reason to consider a prenuptial agreement, putting the matter off until after you are married is not going to do you any favors and could limit your ability to protect yourself.
Some Matters Are Off Limits
Prenuptial and postnuptial agreements are not battering rams that allow parties to get away with whatever they feel like – not at all. The law is quite strict on the matter, and neither contract can address divorce terms such as child custody arrangements or child support (unless the support in question exceeds the state’s expectations).
Prenups and Postnups Are Not Always about Divorce
Prenuptial agreements and postnuptial agreements often address divorce specifics, but they’re far more versatile than that. These contracts can also play a critical role in estate planning.
Coercion Nullifies Both Prenuptial and Postnuptial Agreements
If you are rushed to sign a prenuptial agreement a few days or even hours before your wedding, the court will very likely read the move as a form of coercion on the part of your spouse. In fact, in Florida, both parties are required to have legal representation in order for a prenuptial agreement to hold up in court. Also, as mentioned, courts are more critical when it comes to postnuptial agreements. These agreements are important legal tools that should not be entered into lightly or without the experienced guidance of professional legal counsel.
Reach Out to an Experienced Miami Prenup Lawyer
If you are a Miami resident and are considering – or have concerns about – either a prenuptial or postnuptial agreement, contact us today! With offices in Miami and Celebration, Florida, Chantale Suttle at JustPrenups.com is a dedicated prenup attorney who understands the gravity of your concerns and has the legal insight and impressive experience to help all residents living in Florida. To schedule a free consultation, contact us here or call us at 800-959-1614 today.