Prenuptial And Postnuptial Agreements – A New Perspective

Prenuptial and postnuptial agreements have been around for decades; however, until recently, they were primarily for the rich and famous. That is no longer the case.  These agreements are used more often and for a much more diverse segment of the population

Let’s begin by defining these agreements. A Prenuptial Agreements is a type of consent contract which is entered into by a future husband and wife, prior to the wedding.  There must be full financial disclosure by each person and the agreement should be drafted and approved long before the actual wedding date.  This is to ensure each party understands the agreement. Each party must also have adequate time and the opportunity to consult with counsel to review and explain the terms of the agreement.  The Court wants to be sure there is no undue pressure or influence, which is a type of coercion.  If a prenuptial agreement is dropped into the lap of a prospective bride or groom on the eve of a wedding, it is inherently coercive.  This is because no bride or groom wants to call off a wedding at the last minute, for emotional and financial reasons.  These factors are taken into consideration by the court.

Likewise a Postnuptial Agreement is a contract entered into by two persons; however, here, the parties are already married.  Hence the use of the prefix “post” rather than “pre.”  Even though married persons are considered to have a more intimate knowledge of one another’s financial resources, income, assets, etc., it is not a given.  Thus, even with postnuptial agreements, the parties must provide complete financial disclosure and it must be provided a reasonable time prior to the signing of the agreement itself.  The same logic and rules apply to both types of contracts.

Today, couples in all income brackets utilize these marital agreements.  This is because Florida has broad “marital property” laws which treat all marital income and assets as equally owned.  Further, even premarital property can be commingled or otherwise converted into marital property.  These agreements are relatively inexpensive and easy to accomplish, especially compared to protracted litigation. We highly recommend these as an option in Florida family law.

After considering a prenuptial or post-nuptial agreement, you should speak to a lawyer before making any decision. A lawyer can advise you accordingly. If you need help determining if either agreement is right for you, contact one of our Jacksonville prenuptial agreement lawyers at The Lasky Law Firm to schedule a consultation.

Resource:

apa.org/monitor/2013/04/marriage