Domestic Relations and Contract Law in Florida
Prenuptial agreements are tools used to establish the rights and liabilities of the parties in the event of divorce or death. These agreements, sometimes referred to as "antenuptial agreements" or "premarital agreements," are often used to preserve assets for the children of a prior relationship. They are also used in situations where one party has substantially greater assets or debts than the other party. At Feldman & Schneiderman, P.L., we help clients draft, review and establish prenuptial agreements. With more than 50 years of family law experience, our Boca Raton prenuptial attorneys can give you the comprehensive, professional advice you need.
Contact us online, call 561-948-4769 or toll free at 877-645-5762 to schedule a consultation with one of our experienced lawyers.
A Legally Binding Contract
Florida has adopted the Uniform Pre-Marital Agreement Act. This statute controls the requirements and limitations of these agreements. In order to form a binding agreement between the parties, the contract must be handled properly. In addition to the terms of the contract, courts will analyze the circumstances surrounding its formation. The validity of the contract may depend on the answers to these questions:
- Did both parties have sufficient notice of the contract?
- Were they represented by independent counsel?
- After signing, did they have sufficient time to decide whether to proceed with the marriage?
- Did they do an independent investigation of the agreement to determine its effect?
- What was the relationship like before signing the agreement? Did they disclose all pertinent personal and financial information? Did they share expenses? Did they live together?
Many of these concerns go to how much information the parties shared before they signed the contract. For this reason, we prefer a formal approach to establishing these agreements. We often have a formal signing conference with both parties and their lawyers present. We generally employ a court reporter to create a transcript. The transcript can be used to demonstrate that both parties are fully informed participants, acting with a full understanding of the operation of the contract.
Broward and Palm Beach Post-Nuptial Agreement Attorneys
We also assist our clients in negotiating post-nuptial agreements when the parties decide to separate but remain married, or when financial changes dictate that prenuptial agreements be amended. Post-nuptial agreements are often heavily scrutinized for evidence that one party is an unwilling participant. We can help you establish an agreement to accomplish your goals. Call 561-948-4769, toll free at 877-645-5762 or contact us by e-mail to schedule a consultation.
