A “prenuptial agreement” is a common tool designed to prevent litigation if a marriage should end in divorce. Ian C. Hurley can help you prepare before you get married to provide for a predetermined settlement if the marriage ends in divorce or death.
We can also help you reach a post nuptial agreement. In 2007, Florida enacted a statute that validates and clarifies such agreements. Parties entering into these marital agreements should clearly define, in advance, the terms and conditions for the distribution of the parties’ assets and liabilities, as well as addressing other financial and non-financial issues. Premarital and post-marital agreements can be extremely complicated because they require anticipating many different issues. Each marital agreement must be custom-tailored to fit the particular needs of each person. There are no standard premarital or post marital agreement forms, You need to have a clear understanding of your goals and objectives, but also keep your mind open to alternative solutions.
As a general rule, issues relating to minor children, such as parental responsibility, child support, and time sharing can’t be decided in advance during a prenuptial or post-nuptial agreement. This is because the Court has the ultimate power to decide what’s in the best interest of the minor children. A premarital or post-marital agreement must be in writing. A premarital agreement is when a marriage is the only consideration needed to create a binding agreement. Any amendment, revocation, or abandonment of a premarital agreement must be in writing and signed, but no additional considerations are needed.