Prenuptial And Postnuptial Agreements: Drafting and Reviewing
A prenuptial agreement is a type of contract that impacts the rights of married couples and sets out how certain financial matters and items of property would be affected in a divorce. Issues such as spousal support, homestead rights and property rights may all be impacted by a prenuptial agreement, so it is important that parties entering into a prenuptial agreement understand how the agreement will impact their rights.
Postnuptial agreements are substantially similar to prenuptial agreements, however, they are entered into by spouses after marriage. Like prenuptial agreements, they may alter the respective rights of the parties, so it is important that each party has an understanding of how the agreement will impact his or her rights.
With offices in Casselberry and Orlando, we represent clients throughout Central Florida in family law matters. To speak with a Casselberry or Orlando prenuptial agreement attorney at Korshak & Associates, call 888-681-4389 . You may also contact us by email.
Winter Park Prenuptial Agreement Attorneys — Enforceability Of Prenuptial And Postnuptial Agreements
Florida courts will enforce prenuptial and postnuptial agreements that are properly drafted and executed, but there are a variety of ways that the validity of such agreements may be subject to challenge.
Key issues that may impact the enforceability of a prenuptial agreement or postnuptial agreement include:
- Financial disclosure: Each party should make a full financial disclosure or the other party may argue that he or she did not knowingly or intelligently enter into the agreement.
- Opportunity for legal counsel: While Florida does not require that each party have separate counsel, it is best for parties to have separate counsel to avoid unnecessary challenges to the enforceability of a prenuptial or postnuptial agreement.
- Valid execution: The agreement must be in writing and signed by both parties.
If you need a lawyer in the Central Florida area to draft or review a prenuptial or postnuptial agreement, contact Korshak & Associates, P.A. With more than 60 years of combined experience, our family law attorneys can provide the knowledgeable support you require.
We have drafted many prenuptial agreements and reviewed many that have been drafted by other attorneys. Because the enforceability of a prenuptial or postnuptial agreement may depend on its proper drafting and execution, it is essential that you have highly qualified legal counsel.