Miami Prenuptial & Postnuptial Agreement Attorneys
Certified Family Law Specialists Handling High Net Worth Agreements
In high net-worth cases, prenuptial and postnuptial agreements may be crucial to protecting assets and ensuring financial security for both parties in the event of a divorce. These legally binding contracts provide a clear understanding of how assets and liabilities will be divided and managed in the event of a divorce, which can help minimize conflict and litigation costs.
If you are a high net-worth individual with significant assets, business interests, trusts, and other complex financial circumstances, turn to Leinoff & Lemos for the unwavering support and legal guidance you need. Our Board-Certified family law specialists are here to provide you with a prenuptial or postnuptial agreement that establishes clear guidelines for the division of assets and liability during the marriage or in the event of a divorce.
What Are the Requirements for a Prenuptial Agreement in Florida?
If you’re considering entering a prenuptial agreement, you should hire an experienced family attorney to draft, review, and execute the agreement. Florida law establishes various requirements that must be met in order for any prenuptial agreement to be valid, and hiring a legal team to handle your case is key to a smooth process. Florida has adopted the Uniform Premarital Agreement Act which sets forth the requirements of a valid prenuptial agreement in Florida.
Below are some of the major requirements that are usually required to be met for a valid prenuptial agreement:
- Both parties provide full financial disclosure
- The agreement must be executed voluntarily by both parties
- The agreement must not be unconscionable at the time of the execution
- The agreement must be in writing, signed by the parties
It is important to keep in mind that prenuptial agreements cannot include binding provisions regarding children’s issues such as child support, time-sharing arrangements, or any other child custody issues.
When Is a Prenup Necessary?
A prenuptial agreement is beneficial for many couples including, those who have pre-marital assets they wish to protect, those expecting to acquire significant inheritance or gifts from third parties during the marriage, those who have children from a prior marriage and those who are marrying for the second or more times.
Below are five situations where a prenuptial agreement is advisable:
- One or both parties have significant assets: A prenuptial agreement can help protect any assets or inherited wealth in the event of a divorce.
- One or both parties have debt: A prenuptial agreement can establish how any debts will be handled in case of divorce.
- One or both parties own a business: A prenuptial agreement can protect any businesses or practices from being split up or sold in the event of a divorce.
- One or both parties have been married before: A prenuptial agreement can help to protect the financial interests of any children from prior relationships.
- One or both parties are expecting an inheritance: A prenuptial agreement can establish how future assets will be managed in the event of a divorce.
Overall, a prenuptial agreement can provide peace of mind and a sense of security for both parties in the marriage. It is important to consult with a family law attorney from Leinoff & Lemos to determine if a prenuptial agreement is necessary or appropriate in your situation.
Are Postnuptial Agreements Valid in Florida?
Yes! Postnuptial agreements are valid and legally binding, provided all Florida law requirements are followed very carefully. These agreements are governed by Florida case law. Postnuptial agreements are considered valid if both spouses enter the agreement willingly, voluntarily and freely; there is full and complete financial disclosure; and the agreement is made in good faith, without trickery, deceit, fraud, or coercion.
If you and your partner want to establish how to allocate your joint or separate assets during the marriage or in the event of a divorce or death, a postnuptial agreement is worth considering. Seek legal advice from Leinoff & Lemos before signing any contract to ensure your best interests are protected.
Protect Your Assets with a Prenuptial Agreement
When entering into a marriage, it's important to consider the financial implications and protect your assets in the event of a divorce. A prenuptial agreement can provide peace of mind and clarity for both parties, outlining how assets and debts will be divided in the event of a divorce.
Our experienced Miami prenuptial agreement lawyers at Leinoff & Lemos can guide you through the process of creating a prenuptial agreement that meets your specific needs and ensures your assets are safeguarded. We understand the sensitive nature of these discussions and strive to provide a supportive and confidential environment for our clients.
Benefits of a prenuptial agreement include:
- Protection of premarital assets
- Clarity on financial rights and responsibilities
- Reduced conflict and uncertainty in the event of a divorce
- Preservation of family inheritance
- Peace of mind for both parties
Schedule a Consultation Today
Leinoff & Lemos is prepared to discuss your case and help you determine if a prenuptial or postnuptial agreement is right for you. Our prenuptial and postnuptial agreement lawyers are dedicated to protecting your financial assets and ensuring your peace of mind. Since establishing our firm over thirty years ago, we have reviewed and negotiated hundreds of agreements representing clients throughout the state always fighting for our clients’ rights and best interests.