Protecting Your Financial Future
A prenuptial agreement (prenup) or postnuptial agreement (postnup) is a legally binding contract between spouses or prospective spouses that establishes how assets, debts, and other financial matters will be handled in the event of divorce or death. Far from being a sign of mistrust, these agreements are practical planning tools that protect both parties and can significantly reduce conflict if a marriage ends.
At Marc M. Cohen, P.A., we draft and review prenuptial and postnuptial agreements for clients in Boca Raton and throughout South Florida, ensuring these agreements are comprehensive, fair, and legally enforceable.
Prenuptial Agreements
A prenuptial agreement is entered into before marriage. In Florida, prenuptial agreements are governed by the Uniform Premarital Agreement Act (Florida Statute §61.079). A well-drafted prenuptial agreement can:
- Define which assets are marital and which are non-marital property
- Protect pre-marital assets, family businesses, and inheritance
- Establish terms for alimony or waive alimony rights
- Protect one spouse from the other's pre-existing debts
- Provide for the management and control of property during the marriage
- Address how property will be distributed in the event of divorce
Who Should Consider a Prenuptial Agreement?
Prenuptial agreements are particularly important for:
- Business owners: Protecting a business from being divided in a divorce
- Individuals with significant assets: Real estate, investments, retirement accounts
- Those entering second or subsequent marriages: Protecting assets for children from previous relationships
- Individuals expecting an inheritance: Ensuring inherited assets remain separate property
- Professionals with high earning potential: Doctors, attorneys, executives
- Anyone with substantial debt: Protecting one spouse from the other's debts
Postnuptial Agreements
A postnuptial agreement serves the same purpose as a prenuptial agreement but is entered into after the marriage has already taken place. Postnuptial agreements may be appropriate when:
- One spouse starts a new business during the marriage
- One spouse receives a significant inheritance
- The couple wants to address financial matters that weren't resolved before marriage
- The couple is experiencing marital difficulties and wants to establish clear terms as part of reconciliation
Requirements for Enforceability
For a prenuptial or postnuptial agreement to be enforceable in Florida, it must meet several requirements:
- Voluntary: Both parties must enter the agreement voluntarily, without coercion or duress
- Full Disclosure: Both parties must make fair and reasonable disclosure of their assets, liabilities, and income
- Written and Signed: The agreement must be in writing and signed by both parties
- Not Unconscionable: The terms cannot be grossly unfair to either party at the time of execution
- Independent Counsel: While not strictly required, having each party represented by their own attorney significantly strengthens enforceability
Timing Matters: A prenuptial agreement should be signed well before the wedding date - ideally at least 30 days in advance. Agreements presented at the last minute are more vulnerable to challenges based on duress or coercion. Planning ahead gives both parties adequate time for review, negotiation, and independent legal consultation.
Contact a Boca Raton Prenuptial Agreement Attorney
Whether you need a prenuptial or postnuptial agreement drafted, reviewed, or challenged, Marc M. Cohen, P.A. provides experienced guidance. Call (561) 740-3301 or contact us online for a free consultation. We serve clients throughout Boca Raton, Boynton Beach, Delray Beach, and all of South Florida.
Serving Communities Throughout South Florida
Marc M. Cohen, P.A. provides experienced legal representation in communities throughout Palm Beach County and Broward County:
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- Prenuptial Agreement Attorney in Boynton Beach
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See also: Palm Beach County Family Law | Broward County Family Law | South Florida Family Law