Melbourne, FL Attorneys Draft and Litigate Premarital Agreements
Sound pre- and postnuptial contracts, aggressive challenges and solid defense
In this age of frequent divorce, many couples are looking for additional security before entering into marriage. Married couples also sometimes experience a life event that compels them to re-examine their relationship and install legal safeguards. Tucker Mitnik, P.A. helps couples negotiate and draft solid prenuptial and postnuptial agreements that address their circumstances. We also litigate cases in which parties to divorce challenge the validity of their nuptial agreement. Our 30 years of experience as family law attorneys and litigators ensures quality representation that meets our clients’ needs.
Reasons to establish such an agreement include:
- It provides protection for assets in case of divorce.
- It provides for the distribution of assets if one party dies.
- It expressly states the responsibilities of each party during the marriage.
Requirements for a prenuptial or postnuptial agreement in Florida
When you enter into a marital agreement, you expect to have a binding contract. Yet, flaws in the paperwork could render the terms null and void. An experienced marital agreement attorney must be careful to observe state requirements, including:
- Full financial disclosure — Parties entering into a prenuptial or postnuptial agreement may waive rights to assets and therefore have a right to know the precise value of what they would be surrendering.
- Formalities of execution — These agreements may contain testamentary clauses that must conform to the rules for a last will and testament.
- Timing of execution — The prenuptial agreement should be negotiated and executed well in advance of the wedding to remove any suspicion of duress or undue influence.
- Separate counsel — Florida law does not require separate counsel, but when each party is well-represented, there is less of an appearance of duress or undue influence.
Common provisions of a Florida prenuptial or postnuptial agreement
Couples enter into marital agreements because one or both of the parties don’t want to be bound by state marital law on one or more issues. The agreement allows them to waive certain rights:
- Waiver of equitable distribution of property — Florida is an equitable distribution state, but couples can choose a formula for dividing marital property that the court might not find equitable, provided it is not so unfair as to “shock the conscience” of the court.
- Waiver of alimony — In two-career marriages, it is not uncommon for partners to waive the right to alimony, since each can rely on personal resources.
- Waiver of interests in retirement plans — This waiver must conform to federal statutes, such as the Employee Retirement Income Security Act of 1974 (ERISA).
- Waiver of rights upon the death of a spouse — In addition to pre-divorce planning, a spouse with children from a first marriage should ensure that those children inherit assets unencumbered by the second spouse.
A couple may not waive rights to child support or child custody.
Contact Tucker Mitnik for reliable counsel on premarital and postmarital agreements
If you have questions about how to protect your assets once you’re married, talk to an experienced marital agreement attorney. Call Tucker Mitnik, P.A. today at 321.392.5239 or contact our Melbourne office online.