Contesting or Enforcing Prenuptial / Postnuptial Agreements
Most people understand the purpose of a prenuptial agreement: to secure your separate assets (assets you are bringing into the marriage) before you get married. Many do not realize that they can secure the same level of protection after they have been married using a postnuptial agreement. A prenuptial agreement is signed prior to the wedding while a postnuptial agreement is signed after the wedding. Both documents can accomplish the goal of securing the assets that each person is bringing into the marriage, and whether there will be spousal support in the event of a divorce. Prenuptial agreements and postnuptial agreements help streamline the divorce process if the couple decides to go their separate ways. Both prenuptial and postnuptial agreements are contracts and are written and enforced as contracts, but there are many very important exceptions to this general rule. Florida courts generally uphold prenuptial and postnuptial agreements (even when such agreements are written and executed in other states or countries), so long as certain conditions are met and the agreement was entered into voluntarily by both parties. Whether you are seeking to enforce a prenuptial agreement, or a postnuptial agreement, or to set aside a prenuptial agreement, or a postnuptial agreement, the attorneys at Richard A. Schurr, P.A. have represented many clients in such proceedings. There are several grounds for seeking to set aside an agreement including that the agreement was entered into under duress, fraud, or lack of proper disclosure. Given the significant financial ramifications of prenuptial and postnuptial agreements, it is critical that you retain an experienced family law and divorce attorney if you are involved in a dissolution of marriage action where you are seeking to enforce such an agreement, or you are seeking to set aside such an agreement. Our Miami divorce attorneys can assist you with determining whether you have a valid basis to challenge or to enforce such an agreement, and represent you in any action seeking to enforce an agreement, or seeking to set aside an agreement, if appropriate.
In addition to enforcing prenuptial and postnuptial agreements, the attorneys at Richard A. Schurr, P.A. can assist you with drafting and reviewing prenuptial and postnuptial agreements, and complying with all of the legal requirements of such agreements to ensure that your wishes will be upheld in the future should divorce, or annulment of the marriage occurs. When drafting a prenuptial agreement, or a postnuptial agreement, it is vitally important that both parties retain separate legal counsel so that there is no question that both parties are properly advised of their rights under Florida law, and what rights they are waiving. Our Coral Gables divorce attorneys can also assist you with meeting the financial disclosure requirements of prenuptial and postnuptial agreements, as well as ensuring that the agreement is properly executed when completed. Please contact our office at 305-204-4924 to schedule an appointment to discuss drafting an agreement, enforcing an agreement, or setting aside an agreement.