Pre-nup & Post-nup Agreement Attorney, Brooksville Florida
Marriage is not only a public statement of a couple’s emotional commitment, but a powerful legal and economic relationship. At Morris Law Group in Brooksville Florida, our lawyers help clients establish peace of mind and thoughtful planning through premarital agreements. The process of crafting a prenup or postnup is an exercise in money management and financial planning that provides more than just economic benefits to the couple involved. We have done prenups for people just starting out in their careers, those on their second marriage, financially established individuals, and for billionaires.
Laws governing community property and mutual responsibility have become more complex, and so have the issues dealt with in premarital agreements. It is increasingly important for marital contracts to be drafted or reviewed by an attorney with the appropriate experience. Led by attorney Robert Morris, Morris Law Group of Brooksville Florida has the valuable experience in drafting premarital agreements and cohabitation agreements for Florida couples.
Not every couple needs a prenuptial agreement, and in situations where they are needed, the issues that should be covered can vary widely. During your consultation you will have the opportunity to discuss a variety of questions:
- Will a premarital agreement protect my children?
- Will my interest in my business and home become community property after I marry?
- Will a do-it-yourself prenup be enforced by a Florida courts?
- What issues can a premarital agreement cover?
- Can I get a postnuptial agreement?
Whether you are considering entering marriage or a domestic partnership agreement, you are engaged, or you are married but considering a post-marital agreement, it is time to begin discussing how you will handle the issues involved.
Post-Marital Agreements: A postnuptial agreement is a financial contract defining how a couple’s personal and community property will be distributed in the event of divorce, legal separation, or death. It is becoming increasingly common for couples who are already married to enter into a postmarital agreement, providing them with the same benefits as a premarital agreement.
At Morris Law Group our attorneys have extensive experience in drafting and reviewing marital agreements. If you are considering a postmarital agreement and would like to speak with one of our lawyers, please contact our office for a free consultation.
Why do couples enter into postmarital agreements? A common reason for drafting the contract after marriage is a change in economic circumstances — one spouse may be completing a valuable degree, there may have been a change in the value of (or participation in) the family business, or there may be a change in the extended family.
A second use of a postmarital agreement is to aid in the process of reconciliation after a period of marital conflict. When the contract has eliminated financial questions, the couple can concentrate on other issues.
What is the difference between a prenup and a postnuptial agreement? There is little difference in the terms that can be included in a valid prenup and a valid postmarital agreement. However, the court will scrutinize a postmarital agreement under a more rigorous standard than a prenuptial agreement. For this reason, it is extremely important to work with a lawyer who has the appropriate experience in marital contracts and in the region’s courts when entering into a postmarital agreement.
What determines the validity of a postmarital agreement? The court will examine the contract and consider questions such as the following:
- Was there a full disclosure of assets? (Disclosures for postnups are different than for prenups.)
- Was the agreement fair, when each spouse’s contribution to the marriage has been considered?
- Was there any coercion (duress) during the process of drafting the postnuptial agreement?