Prenuptials & Postnuptials

Florida Prenuptial & Postnuptial Agreements

Broward County divorce lawyer Holiday Russell is a recognized leader on legal issues related to marriage and divorce. As an experienced lawyer in Marital & Family Law, Holiday has the expertise to assist his clients with the full spectrum of legal marital and divorce matters. He understands the importance of prenuptial and postnuptial agreements in providing couples with the necessary planning and protection that they may need in the future.

Florida Prenuptial Agreements

Under Florida law, a prenuptial agreement is a contract signed between two parties who intend to get married, which defines their respective rights and obligations during the marriage, or at a later time if the marriage is dissolved. Prenuptial agreements can be used to attempt to avoid expensive and lengthy legal battles that sometimes occur when a marriage ends. They can also be used to avoid equitable distribution of their assets by a court during a divorce, by instead instructing the court on how assets should be divided between the parties.

Prenuptial agreements can address a variety of issues such as:

  • Distribution of assets
  • Division of property
  • Promises made between parties
  • How each party will be supported after a divorce
  • Child support and parenting responsibilities

A prenuptial agreement may not include waivers of provisions regarding parental responsibility, parental support, or time-sharing rights. A postnuptial agreement is similar to a prenuptial agreement except that parties sign it after they are already married.

Postnuptial agreements are similar to a prenuptial agreements except that parties sign it after they are already married. Postnuptial agreements may be created without anticipation of divorce and are used to set forth the rights of parties during the marriage or in the event of death. They can also be created when a married couple anticipates divorce and wishes to amicably distribute their assets – this type of agreement is also called a separation agreement. As with prenuptial agreements, postnuptial agreements must be in writing and should be reviewed by a qualified divorce attorney in order to ensure that all rights are adequately protected.

Assisting You with Your Marital and Divorce Needs

Whether you are contemplating marriage or already married, Miami divorce attorney Holiday is here to assist you in the drafting or review of any prenuptial or postnuptial agreement. Practicing Florida family law since 1992, Mr. Russell can provide knowledgeable guidance regarding your rights during the agreement drafting process, and help you anticipate what issues of contention might arise at a later divorce proceeding. If you have questions about prenuptial or postnuptial agreements in Florida, contact Holiday Hunt Russell PLLC for a confidential consultation at 954-920-5153 or online.

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