Pre-marital and Post-nuptial Agreements
Protecting What You Have Under Florida Divorce Law
A prenuptial agreement that is not enforceable means that someone’s lawyer screwed up. When properly drafted, these contracts avoid litigation and enable both parties to know in advance how property will be distributed in the event of divorce. But it takes a great deal of experience to construct them appropriately.
Curtis R. Cowan and Michael Gilden are Board-Certified marital and family law attorneys with 29 years of legal experience. If you are considering entering a pre-marital agreement (or a similar agreement after you have married), contact our Fort Lauderdale, Florida office. We represent women and men of Broward County, and you can reach us at (954) 525-4100.
Why a Prenuptial Agreement?
If you are pessimistic about marriage, well, perhaps you shouldn’t be getting married. But that’s not the same as being realistic and pragmatic. People change, life happens, and we all know that nearly half of marriages do end in divorce. A prenuptial agreement may be entered by any two people, but it makes particular sense if:
- You are entering a second marriage. Not only do you preserve whatever of your own assets that you bring to the union, but you are protecting the inheritance rights of your children from the previous marriage.
- You have a lot of assets and your betrothed does not. Whatever assets you build together “from this day forth” will be shared in the unfortunate case of a divorce, but a pre-marital agreement declares and protects what you have now.
What is a Post-Nuptial Agreement?
A post-nuptial works just like a “pre-nup,” except that it is drawn after you are married. It specifies all marital and non-marital property, including any assets acquired or grown in value since you married. The contract removes any cloud over assets, avoiding litigation later. Prenuptial and post-nuptial agreements can (but need not) specify or waive rights to alimony, or any other matters of family law you mutually agree to put in writing.
The Family Law Department of KO Lawyers has drafted and reviewed pre-marital and post-marital agreements for owners of closely held businesses, executives, professionals, and a wide range of clients, including those who are “marrying money” and want to make sure they are not signing away legitimate rights to property.Contact us today at (954) 525-4100 to schedule an initial consultation.