Prenuptial Agreement Lawyer Miami

What Is a Prenuptial Agreement?

Prenuptial agreements, also called “premarital agreements” in Florida, are contracts between prospective spouses that determine how certain issues such as alimony and property division are treated during a divorce.

The process of obtaining a prenuptial agreement is a difficult, yet a very prudent one that many individuals in Florida should at least consider. We here at Benjamin & Melmer, LLC, have prenuptial agreement lawyers who have the experience and knowledge to guide you in this process. A prenuptial agreement attorney can be someone whose guidance can save you money and headaches in the future. Call our Offices today to set up an appointment to speak with one of our attorneys on the topic of prenuptial agreements.

Who Should Get a Prenuptial Agreement?

While prenuptial agreements are often thought of as a tool for the wealthy to protect their assets from a divorce, more and more individuals are using these agreements to avoid the unpredictable outcome of a litigated divorce.

Prenuptial agreements should be considered in the following circumstances:

  • one or both of the prospective spouses own assets prior to the marriage that they want to protect from division during a divorce
  • one or both of the prospective spouses have children from a previous relationship and want to protect their future inheritance
  • one or both of the prospective spouses have business interests that they would like to keep separate from their spouse is the marriage fails, or
  • one or both of the prospective spouses want to pre-determine whether the other spouse will pay the other alimony during separation or divorce.

What Issues Can a Prenuptial Agreement Cover?

In Florida, couples are given wide latitude to address a lot of different issues that might otherwise come up during the divorce process, with the caveat being that no provision in their prenuptial agreement can violate the law or public policy. Normally, these agreements focus on each spouse’s financial rights and obligations both during and after the marriage.

Couples use prenuptial agreements to determine the following issues:

  • each spouse’s ability to manage or control property during the marriage
  • how the couple will divide their property in the event of a divorce, death, or other event
  • whether one spouse will pay the other alimony during a separation or divorce, and if so, the alimony amount and duration
  • what happens to each spouse’s retirement plans or pensions
  • what happens to the proceeds of any life insurance policies
  • whether either spouse is required to write a will to carry out the terms of the agreement, and
  • which state’s laws will be used to interpret the agreement, if necessary.

Is There Anything that Can Not Be Addressed in a Prenuptial Agreement?

While Florida does allow couples to enter into an agreement on pretty much anything related to the couples’ finances, when it comes to issues regarding child support and child custody, these will need to be addressed at the time of the divorce.

More and more individuals are considering prenuptial agreements to avoid the unpredictable outcome of a divorce . We here at Benjamin & Melmer, LLC, have prenuptial agreement lawyers who have the experience and knowledge to guide you in this process. If you or someone you know is considering a prenuptial agreement please contact the prenuptial agreement attorneys here at Benjamin & Melmer, LLC., for a free consultation.