- Serving Miami-Dade & Broward County, Florida
- Call
- (786) 268-9747
We Are A Family Law Practice Dedicated To Fostering Relationships Through Empathy And Tailored Support. Capizzi Legal, A New Take On Family Law.
Need Help With Your Prenuptial And Postnuptial Agreements? You Have Come to the Right Page!
Marriage is a significant and thrilling milestone that signifies the beginning of a new chapter in your life together. While there are many delightful aspects of marriage, it also introduces additional responsibilities and considerations, particularly regarding assets.
Once you are married, different laws and regulations govern the ownership of both individual and marital assets and how they relate to the marital union.
Although contemplating the possibility of a divorce is not a pleasant thought during wedding preparations, it is sometimes crucial to be proactive in protecting your assets and establish an agreement that both parties find acceptable in the event of a divorce.
This is when prenuptial agreements come into play. Prenuptial agreements commonly referred to as prenups are intended to safeguard the financial interests of both individuals and outline the distribution of assets in the event of a separation or divorce.
They provide clarity regarding each person’s rights and options, before, during and after the marriage. A pre-existing prenuptial agreement can play a vital role in protecting both marital and non-marital assets, along with offering various other advantages.
What Is A Prenuptial Agreement?
A prenuptial agreement is a legally binding contract that couples establish prior to marriage, civil union, or any other legal partnership.
Prenups are an excellent tool for spouses to articulate their expectations during the marriage and protect their interests in the event of a divorce. While
it can be a sensitive subject for some, a well-drafted prenup can provide peace of mind and emotional security to both parties by giving then parties assurances regarding the events following a divorce.
What is a prenuptial vs. postnuptial agreement?
A prenuptial agreement is a formal written contract established prior to the marriage. It specifies the division of assets, liabilities, support and so forth in the event of a divorce. Similarly, a postnuptial agreement fulfills the same function; but, is formulated after the marriage has taken place. Both types of agreements delineate the distribution of assets, liabilities, inheritances, and other financial matters should a divorce occur.
What are the benefits of having a Prenup or Postnup in Florida?
Prenuptial and postnuptial agreements serve to safeguard the interests of spouses. They explicitly delineate the ownership of assets, thereby averting disputes regarding property, finances, and other matters. By clearly outlining your rights, these agreements facilitate a more straightforward exit from an unhappy marriage. Additionally, prenuptial agreements promote equitable distribution of assets, minimizing emotional distress during the divorce process.
How Do These Documents Safeguard the Spouses Financial Interest In the Event Of A Separation Or Divorce?
These agreements outline your financial rights or obligations in the event of a divorce or separation. Higher earning spouses can protect their hard earned income and assets. For stay-at-home parents or non-working spouses, these agreements can give them a piece of minds that they receive adequate assets to compensate for their absence of income during the marriage. Ultimately, a well written prenup should protect both parties so that they can maintain financial stability in the event of a separation or divorce.
What Should Be Included In A Prenuptial Or Postnuptial Agreement?
Prenuptial agreements exist in a number of different forms to best accommodate the needs and the preferences of each couple. The more comprehensive the agreement is, the better. Depending on the desires of the couple, specific rules may be added to a prenuptial or postnuptial agreement, such as property, assets, and debt, as well as details that dictate the level of communication between the parties and other everyday matters.
What Is An Escalator Clause
When included in a prenuptial or postnuptial agreement, an escalator clause allows for the modification of alimony and or assets awarded to a spouse in the event of a dissolution of marriage. This clause may become relevant in the case of an increase or a decrease in income, property, and assets of one spouse to accommodate evolving circumstances.
What Is A Sunset Clause
As the name of the clause suggests, there is a time limit and or deadline regarding the terms and conditions of a prenuptial agreement with a sunset clause. Upon creation of a prenuptial or postnuptial agreement, the sunset clause allows spouses to choose a day and time in which the document will expire and no longer serve as a legally binding contract.
How Are Marital Assets Divided in A Prenuptial Agreement?
In the majority of divorce proceedings, Florida courts are responsible for the equitable distribution of marital assets between the parties involved.
Florida’s Equitable Distribution Statute governs how assets and liabilities should be divided in the event of a divorce. However, in cases where prenuptial and postnuptial agreements are in place, spouses can circumvent disputes related to both marital and nonmarital assets.
Such agreements allow couples to outline the specific terms for the division and distribution of marital assets in the event of a divorce or separation. Valid and enforceable prenuptial agreements can also eliminate the necessity for alimony by specifying a predetermined amount of spousal support to be provided by one spouse to the other post-divorce.
To ensure that the terms and stipulations of a prenuptial agreement adhere to and are protected by Florida law, it’s important that spouses seek the counsel of an experienced family law firm.
What Do Prenuptial and Postnuptial Agreements Determine?
In order to ensure that the prenuptial agreement is both valid and binding, there are a number of requirements that must be fulfilled by each party, which include the determination of how all physical and non-physical aspects of the marriage will be managed following a divorce.
How Are Prenuptial And Postnuptial Agreements Interpreted?
The language of prenuptial agreements can be complex by nature, but the basic principles of these agreements are relatively simple. The easiest way to understand a prenuptial agreement is to consider the document as a contract between the spouses. Both parties agree to what will happen after a dissolution of marriage with respect to mutual and individual property, and any obligations, or expectations for spousal support. Once these issues are decided, the spouses commemorate their intent in writing, the agreement is signed, and the spouses are bound and protected by the agreement in the event of a divorce.
Do I Have to Provide Financial Disclosure?
Absolute disclosure of all financial matters, including assets and debts, is integral to the validity and integrity of any prenuptial or postnuptial agreement. If there is inadequate financial disclosure during the creation and implementation of the agreement, legal enforcement of the agreement may prove difficult. A prenup lawyer at Capizzi Legal can help you ensure that the standard for financial disclosure is met with regard to both parties and that all assets, debts, are appropriately documented as required to preserve the validity and enforceability of the prenuptial agreement in accordance with the State of Florida.
What Are Marital Settlement Agreements
A Marital Settlement Agreements (MSA), is another term for postnuptial agreements. Most often a MSA is drafted during the pendency of a divorce. Just as the prenuptial or postnuptial agreement, the MSA can resolve all of the issues between the parties including …
- Child Custody
- Time Sharing
- Child Support
- Alimony
- Property Division
- and all other issues related to divorce.
MSAs are valuable tools that can save both parties the significant emotional and financial stress associated with contested divorce litigation.
The goal of Capizzi Legal is to always reach a marital settlement agreement whenever possible. Statistically, a great number of cases are settled in this manner which saves both parties literally thousands of dollars as well as valuable time. In the unfortunate event, where a MSA is not possible due to the other side’s unreasonable positions, rest assured that we have the experience and skills needed to present your case to a judge and obtain equitable results.
Engage The Services Of A Reputable Family Law Firm in Miami-Dade or Broward County
The drafting of a prenuptial, postnuptial, or marital settlement agreement can be difficult depending on the issues involved between the parties. It is important to have an experienced attorney on your side who knows how to draft these types of agreements. The language must be clear and un-ambiguous and the terms must completely address the important issues.
The goal of Capizzi Legal is to draft un-ambiguous prenuptial agreements and if a divorce is already ongoing, the goal is to always reach a marital settlement whenever possible.
If you seek a knowledgeable attorney for your prenuptial, postnuptial or marital settlement agreements in Florida, Capizzi Legal is your ideal choice.
We are prepared to assist you in all facets of drafting, reviewing, and negotiating a thorough prenuptial, postnuptial, or marital settlement that safeguards your interests.
Reach out to us today to begin the process. Please fill out our contact form or book a consultation by using our online calendar. Capizzi Legal, a new take on family law.