Florida Prenuptial and Postnuptial Attorneys

The Virga Law Firm, P.A. Family Law Divorce Attorneys

At The Virga Law Firm, our attorneys are thoroughly versed in all matters involving prenuptial and postnuptial agreements. In the modern social climate, a significant portion of marriages end in dissolution. Because of this, many prospective clients see the value in creating one of these agreements. In many cases, the business aspects of marriage exceed the complexity involved in other major financial matters. Let our team of legal professionals walk you through the financial implications of a potential divorce. Don’t engage in the complex terrain of marriage agreements without counsel. For questions regarding marriage agreements, contact our Florida Prenuptial and Postnuptial Attorneys for a consultation.

Prenuptial Agreement

Florida codified the guidelines governing prenuptial agreements in 2007. Now, modern statute makes reliance on case law for such agreements obsolete. Through said agreements, a determination on actions pertaining to assets, in the event of marriage dissolution, becomes binding.

Of course, there exists exceptions to what can be governed by a prenuptial agreement. In the state of Florida, financial support remains the right of the child. As such, it cannot be governed by a prenuptial agreement.

A prenuptial agreement may direct the distribution of asset and liabilities under two main conditions. The first concerns what will happen in the event of divorce. The second concerns the process subsequent to the untimely death of one party during the marriage. Let our Florida attorneys help you develop a plan for your financial wishes upon premature marriage dissolution.

Postnuptial Agreements

Postnuptial agreements are very similar to prenuptial agreements. Mainly, they differ on the timing of the agreement. Whereas prenuptials occur prior to the marriage, postnuptial agreement occurs after marriage. It dictates what will happen to marital assets and obligations in case of dissolution or death.

Full financial disclosure prevents the occurrence of fraudulent monetary claims by either party. Furthermore, the presence of coercion or duress will also nullify the agreement. Remember, postnuptial and prenuptial agreements are binding and enforceable. With this in mind, the assistance of counsel when drafting and properly executing prenuptial and postnuptial agreements in Florida proves crucial. Before signing any marriage agreement, seek the advice of a legal professional.