prenuptial and post-nuptial agreement attorney
Take a realistic view of what the future might hold. More than half of all marriages fail. If your spouse is asking for a prenuptial or post-nuptial agreement, you need to ensure that the terms are not entirely one-sided. Likewise, if you have assets, income, or expect to have either in the future, you should avoid a future fight over how much of your own money you get to keep. Prenuptial and post-nuptial agreements allow you to define your rights and obligations in the future.
"Prenuptial agreements can be important tools to protect your assets and your marriage."
As a general rule, prenuptial and post-nuptial agreements are enforceable under Florida law. You need an experienced family law attorney who knows what it takes to make an enforceable agreement. If you do it yourself or hire a "jack of all trades" attorney, the likelihood of enforcing the agreement may go down considerably.
You wouldn't hire a handyman to build your house. And, you shouldn't hire an inexperienced attorney to write an agreement that you hope will protect your house, retirement, assets, and income for life. We take extra steps to ensure that the agreements we draft are enforceable, such as advising our client to ensure that the parties sign a second agreement after the honeymoon, which ratifies the first agreement and insulates against any argument that the agreement was signed under duress right before the wedding.
A well-drafted prenuptial agreement can protect your financial interests, reduce the potential for litigation, and clearly define your rights and obligations.
Challenging Unfair Prenuptial Agreements
A prenuptial or post-nuptial agreement can result in an unfair allocation of assets and create a financial windfall for one party. Many times, people sign these agreements under the mistaken belief or based on the hollow promise that the other party will stay with them if they sign it.
If you signed an unfair prenuptial agreement, and you want to ask the court to set it aside, we can advise you of the risks as well as the probability of success. We will compare your rights if the agreement is set aside with the consequences if the agreement is enforced.
If you choose to challenge the agreement, we have the tools necessary to prove your case in your court. We know the law, and we can demonstrate when a party overreaches on a prenuptial agreement, pressures or coerces their spouse or fiance to sign under duress, or fails to provide adequate disclosure in connection with the agreement.
Attacking Unfair Post-Nuptial Agreements
A post-nuptial agreement is any agreement entered into after the parties take their marriage vows that purports to govern the parties' rights and responsibilities arising from the marriage. A marital settlement agreement is a form of post-nuptial agreement. Parties also enter into "separation agreements," which may or may not attempt to divide all of the parties' marital rights and obligations.
The standard for challenging a post-nuptial agreement may differ dramatically from the legal standard for setting aside a prenuptial agreement. Important factors include whether a party filed for divorce and provided financial disclosures prior to signing the agreement. We help our clients adopt strategies that make it far more likely that a post-nuptial agreement will be enforceable.
If you signed an unfair post-nuptial agreement, we can also provide a consultation on whether you are bound by the agreement. We have successfully challenged agreements, including renegotiating unfair separation agreements and marital settlement agreements.
If you have assets, earn meaningful income, or expect to earn meaningful income in the future, please contact us online or call us at (863) 825-5309 for a consultation with Lakeland Family Law Attorney Heather Bryan regarding your rights.