Pre-​Nuptial & Post-​Nuptial Agreements


Miami Preneptial AgreementsPeo­ple often won­der whether or not they should get a pre-​nuptial agree­ment prior to their mar­riage. A pre-​nuptial agree­ment changes the rights of peo­ple from those enu­mer­ated under the laws of the State of Florida which deter­mines what is defined as a mar­i­tal asset and mar­i­tal debt and what is not pur­suant to the laws of the State of Florida any­thing pur­chased dur­ing a mar­riage and any debts accu­mu­lated dur­ing a mar­riage are con­sid­ered mar­i­tal in nature regard­less of whose name the prop­erty or debt is titled under. A pre-​nuptial agree­ment changes the nature of the prop­erty, assets, and debts accu­mu­lated dur­ing a mar­riage by allow­ing for title to con­trol the nature of an asset. By allow­ing title to con­trol it is easy to deter­mine what is a mar­i­tal asset and a mar­i­tal debt and what is not. If a cou­ple pur­chases a home and titles it in fair­ness or con­sid­er­a­tion for the agree­ment which is deemed a con­tract. An agree­ment which waives alimony may ulti­mately be chal­lenged down the road and there­fore a lump sum pay­ment for a period of years will avoid the appear­ance of an unfair agree­ment and under these cir­cum­stances both par­ties are receiv­ing some­thing from the deal.

Finally, all pre-​nuptial agree­ments should have a finan­cial affi­davit attached by both par­ties, because another chal­lenge to a pre-​nuptial agree­ment is the fail­ure to com­ply with a full and com­plete finan­cial dis­clo­sure. It is also for both par­ties to be rep­re­sented by coun­sel and to have their attor­neys sing the agree­ment or to know­ingly and inten­tion­ally waive their right to coun­sel. There are many other rea­sons to get a pre-​nuptial agree­ment, which can be dis­cussed upon request­ing a consultation.