Prenuptial and postnuptial agreements are effective binding methods to avoid many of the stresses and financial concerns of a divorce. If your desire is to reduce the uncertainty of contested litigation then consider a properly entered into prenuptial or postnuptial agreement. As long as these agreements fully comport with the necessary formalities and Florida law, they are extremely useful in resolving many financial concerns, that could otherwise be contested matters in a divorce proceeding. These agreements, although providing for a host of financial and property concerns, cannot resolve most children’s issues such as a parenting plan.

We routinely draft and negotiate such important pre-marital and post-marital agreements on behalf of clients who are concerned about preserving wealth, safeguarding closely held family businesses, and intelligently addressing alimony.

On the other hand, when a spouse believes they have been short changed or because he or she was unreasonably required or pressured into entering into either a postnuptial or prenuptial agreement or insufficient financial discourse is an issue, we have been retained to attack the validity of the agreement. Often, we are contacted after a spouse is married and has signed these agreements. We are routinely retained to inform the client whether certain portions or the entire agreement may be contrary to Florida. Once we recognize those provisions that may be set aside as unenforceable and contrary to public policy, we discuss with our clients their options and financial entitlements according to Florida law.