No one enters marriage expecting a future divorce, but the reality is that nobody is immune to the challenges that life presents. In the past, a prenuptial agreement (also known as a premarital agreement or simply a “prenup”) was mostly used by wealthy individuals, but today there are many reasons a couple might want to create a prenuptial agreement, including:
A prenuptial agreement can be viewed much like a business agreement, and becomes effective upon marriage. You should carefully and thoroughly review all aspects of such an agreement, and how it will impact you once you’re married and in the future if divorce occurs.
A prenup can establish certain rights to property that would be enforced during a divorce proceeding. Therefore, each party should take the time to consult with his or her legal counsel before entering into a premarital agreement so that at a future date, one party doesn’t claim that the agreement is unenforceable due to feeling pressured to sign it or being misled about the circumstances.
The family law attorneys at Yaffa & Associates are experienced in explaining and drafting prenuptial agreements—as well as post-nuptial and post-marital agreements—for both men and women. We serve clients in Boca Raton, West Palm Beach, Boynton Beach, Delray Beach, Wellington, and Jupiter, Florida and all of Palm Beach County, Florida.
We can make sure that both parties comply with all of the requirements so that your prenuptial agreement will be enforced by the court in the event either party files for a divorce.
If you need help with a prenup, post-nuptial or a post-marital agreement, please contact Yaffa & Associates now by calling (561) 276-3880. We are ready to assist you in whatever way we can to help you determine what steps need to be taken immediately to protect you and your property.
Although you can find prenup forms and sample contracts online, it is wise to consult with a board-certified family law attorney to discuss your goals. We can help you clarify your goals and includes them in your prenuptial agreement.
State law details the kinds of things that may be specified in your prenup, including:
Florida Statutes 61.079(4).
Post-nuptial agreements help resolve issues related to assets, finances, support, and infidelity during a marriage after it has begun. They allow you, as a couple, to make agreements mutually, without having a judge get involved and make decisions on your behalf. Post-nuptial agreements may be used for:
Post-marital agreements are created when a marriage ends and are a voluntary contract that may be created due to:
Prenuptial Statute at the Official Site of the Florida Legislature — Log on to the Florida Legislature’s web site for the statute enumerating the state’s pre-marital agreement laws. You can also search for other laws related to divorce and a variety of family law topics under Title VI, Chapter 61 of the Florida Statutes.
Uniform Premarital Agreement Act ("UPAA") - The UPAA, adopted by 27 states including Florida in 2007, allows the partners entering into a marriage the ability to establish how property acquired before and during the marriage will be divided upon divorce. It also assigns ownership of liabilities each partner may incur after marriage but before divorce. Under the Act, partners may assign rights to retirement accounts and other assets in the event of a future divorce.
No matter whether you want to protect yourself before tying the knot or you need to create documentation to settle an issue during your marriage or as it is ending, the family lawyers at Yaffa & Associates are ready to help you draw up prenuptial, post-nuptial, and post-marital agreements that protect your interests.
We also represent high income and high net worth individuals seeking to protect their assets. At Yaffa & Associates, we can discuss the pros and cons of signing a prenuptial, post-nuptial, or post-marital agreement with you, especially if you are a high net worth individual, or the owner of a business or closely-held corporation.
Our offices are located in Boca Raton, but we serve all of Palm Beach County, including West Palm Beach, Boynton Beach, Delray Beach, Wellington and Jupiter, Florida.
Let Yaffa & Associates put our experience with prenups to work for you. Call (561) 276-3880 today to schedule a consultation.