Prenuptial / Postnuptial Agreements

Ft. Lauderdale Prenuptial Agreement Attorneys

Under Florida state law, any property or assets acquired during the course of a marriage is community property, subject to division during divorce. Consequently, equity earned on a home, pension fund, 401k account, business, or other property must be divided should you and your spouse divorce. Likewise, both spouses assume responsibility for debt held on joint lines of credit - regardless of who actually incurred the debt. Establishing a prenuptial agreement is an effective way to exempt certain assets and property from consideration as marital property. Additionally, if you have children from a previous marriage and want to protect their financial interests in your will or estate plan, a prenuptial agreement can further protect trust funds and your selection of who will assume trusteeship of your estate. At the law office of The Law Office of Marc Shelowitz and Andrew Coffey, we have the resources and experience to help you protect your interests and future should the unexpected occur.

A prenuptial or postnuptial agreement is a legally-sound method for protecting both spouses and their assets. If you would like more information about prenups, postnups and how we can help you, contact family law attorneys at The Law Office of Marc Shelowitz and Andrew Coffey today to schedule a free consultation.

Using Prenuptial Agreements to Your Advantage

A prenuptial agreement actually protects both spouses. In general, a prenuptial agreement can be used to:

• Reduce or eliminate spousal maintenance should divorce occur
• Protect a closely-held or family business from any ownership claims on the part of one's spouse
• Identify premarital debts of each party and specify how they are to be paid from marital assets, if at all
• Identify property that will remain separate from marital property - for example, heirlooms, investments, trust funds, etc.

Postnuptial Agreements - Avoiding Litigation

A postnuptial agreement allows couples to settle important financial matters after they are married. Assigning certain debts, stating how business ownership will transfer to children, or specifying how trust funds are to be dispersed should the custodial spouse remarry can all be indicated in a postnuptial agreement. Like prenuptial agreements, these contracts can provide stability and finality should the marriage end.

What Cannot be Included in a Prenuptial Agreement?

In the state of Florida, couples have a great deal of leeway in negotiating the terms of a prenuptial agreement. However, terms that are deemed grossly prejudicial or unfair to one spouse may not be approved by the court. Additionally, a prenuptial agreement may not be enforceable in cases where one person drafts a prenuptial agreement but does not allow their fiancée to review it (or have an attorney evaluate it) prior to signing. A prenuptial or postnuptial agreement may also be dismissed if one spouse failed to disclose all assets or debts upon its creation. Lastly, legal obligations in regard to child support and child custody cannot be avoided through even the most carefully-drafted prenuptial agreement.

Contact the Lawyers of The Law Office of Marc Shelowitz and Andrew Coffey

Our attorneys have the experience and knowledge needed to help you draft a prenuptial agreement that pass the test of time and protect you in the event of a divorce. We are attentive, careful and conscientious in making sure prenuptial agreements are entered into voluntarily, that relevant information is disclosed and that the terms contained therein are consistent with current case law.

If you would like more information regarding prenuptial or postnuptial agreements and if they are right for you, contact the family law attorneys at The Law Office of Marc Shelowitz and Andrew Coffey today to schedule a free consultation.