Miami Pre-Nuptial & Post-Nuptial Agreement Lawyers
Drafting Thorough Marital Agreements
A prenuptial agreement is a document that discusses a variety of different subjects related to a marriage, including how assets will be divided if you should ever get a divorce. Engaged couples often begin discussing the possibility of drafting a prenuptial agreement prior to a marriage. Whether you have already decided to have one or you want to consult with a family law attorney about the benefits, our legal team at Mitchell & West LLC can help you. If you are already married and did not have time to secure a prenuptial, it is never too late to get started on drafting a postnuptial agreement.
Interested in discussing ways to protect your interests with a prenuptial or post-nuptial agreement? Contact us at (305) 783-3301 to schedule your first consultation.
Benefits of Drafting a Pre-Nuptial Agreement
Although a prenuptial agreement may not seem very romantic, it is actually incredibly beneficial to couples preparing to get married. The purpose of a prenuptial agreement is to help minimize disputes regarding property and asset division in the event of a divorce.
Prenuptial agreements can address the following issues:
- Which assets and property were brought into the marriage
- What will happen to marital assets and property in the event of a divorce
- What happens to children from previous relationships
- How alimony or spousal support will be handled in the event of a divorce or death
How Long Will a Prenup Last?
Like any other contract, a prenup will only last as long as the terms allow it to. If the couple does not specify the duration of the prenup, then it essentially can last forever because no state law dictates how long it should be. At the same time, a prenup isn't set in stone. It can be revoked at any time by completing a written agreement stating that the initial document is no longer in effect.
Can a Prenup Protect Future Earnings?
Yes, a prenuptial agreement can help protect your future earnings. Ensure that the written document explains in specific detail which current and future earnings will not be on the table if a divorce happens to be filed. On the flip side, future debts can also be avoided with prenups. Examples of this are when a spouse drives up credit card costs or unpaid student loans and then files for divorce shortly after.
How Does a Prenup Affect a Marriage?
There are many psychological effects that can occur when filing a prenuptial agreement, and they often can slowly corrode a marriage. It is critical that each party is in complete agreement of a prenup, as a one-sided agreement can be emotionally toxic for a relationship. This is why it is important to hire an experienced and trusted attorney to guide you through every step of the process. At Mitchell & West, we have helped many couples achieve success when completing both pre and post nuptial agreements. Call today to set up a consultation!
Do I Need a Pre-Nup or Post-Nup?
It is often said that only high-asset individuals or couples draft prenuptial agreements, but this is not the case. Having a thorough prenuptial or post-nuptial agreement in place can help you and your soon-to-be spouse feel at ease. You can rest assured that your finances are protected and that all your affairs are in order with a post-nuptial agreement.
If you and your future spouse have the following circumstances, you may want to consider a prenuptial agreement:
- Own assets you want to protect from the state’s division process
- Have children from a past relationship and you want to protect their inheritance
- Have business interests you want to keep separate
- Want to predetermine who, if anyone, will pay alimony
HOW TO MAKE SURE YOUR CONTRACT IS ENFORCEABLE IN FLORIDA
Florida uses the Uniform Prenuptial Agreement Act (UPAA) to assess the validity of a prenuptial agreement. There are several rules used to help the courts, such as that the agreement must be in writing and signed by both parties. If either spouse can prove any of the following, the prenuptial agreement will not be enforceable:
- He / she did not voluntarily sign the agreement
- He / she signed the agreement because of fraud, duress or coercion
- The agreement was unconscionable at the time that the couple signed the agreement
COLLABORATIVE LAW PROCESS FOR PRENUPS
The collaborative law model is the perfect choice for a prenuptial agreement because it by design diffuses a great deal of the duress which can arise from more oppositional proceedings. In the collaborative approach, couples can connect more closely and communicate more clearly. Instead of having to filter information and decisions through lawyers, couples work side by side to arrive at mutual and reciprocal decisions. It is a process aligned with dignity, respect, and compassion.
Legal counsel is present throughout the collaborative process, ensuring legitimacy and guiding proceedings. As couples work together to find the best prenup solution, tensions are reduced, and the process is smooth and comfortable for all involved. The collaborative model enhances the process and allowing for more agreement and consent to be established in a supportive rather than adversarial way.
The collaborative approach is inherently solution focused. It allows parties to sort things out together, to reach mutually beneficial decisions. In allowing parties to work more directly together, this model allows for what could be potentially traumatic emotional situations to be diffused. In many situations prenuptial agreements can be sensitive subjects between couples or their families.
To schedule an appointment, give us a call today at (305) 783-3301.