Prenuptial & Postnuptial Agreements Under Florida Law
Prenuptial and postnuptial agreements are powerful legal tools that allow couples to define how assets, debts, and support obligations will be handled in the event of divorce. Under the Florida Uniform Premarital Agreement Act (Fla. Stat. §61.079), these agreements - when properly drafted and executed - are enforceable contracts that can save significant time, expense, and conflict if the marriage ends.
Requirements for Enforceable Agreements in Florida
Florida law imposes specific requirements for prenuptial agreements to be enforceable. Under Fla. Stat. §61.079, the agreement must be in writing, signed by both parties, and executed voluntarily - meaning without fraud, duress, or coercion. Critically, both parties must provide full and fair financial disclosure of their assets and liabilities, or the right to disclosure must be voluntarily and expressly waived in writing.
A prenuptial agreement can address the division of assets and debts, alimony rights and obligations, ownership rights in life insurance policies, the choice of governing law, and any other matter not in violation of law or public policy. However, Florida law prohibits prenuptial agreements from adversely affecting child support obligations - the rights of children cannot be bargained away by their parents.
Postnuptial agreements are entered into after marriage and are governed by general contract law principles. While Florida courts enforce postnuptial agreements, they receive somewhat greater scrutiny than prenuptial agreements because of the fiduciary duty that exists between spouses. Independent legal counsel for each party is strongly recommended - and may be required to rebut claims of undue influence.
Prenuptial & Postnuptial Agreements Cases in Parkland
Parkland's affluent residents frequently seek prenuptial agreements to protect substantial real estate equity, investment portfolios, and business interests before marriage. Given the high-value assets typical in Parkland households, Marc Cohen's thorough financial analysis ensures that prenuptial agreements provide comprehensive protection while meeting all of Florida's enforceability requirements - including full financial disclosure and absence of duress.
Why Choose Marc M. Cohen, P.A.? Marc Cohen's MBA in Quantitative Analysis is particularly valuable in drafting and reviewing marital agreements, where accurate financial disclosure and sound asset valuation are the cornerstones of enforceability. Over 25 years of practice, Marc has drafted prenuptial agreements for business owners, physicians, attorneys, and executives with complex financial portfolios - and has also challenged agreements on behalf of spouses who were subjected to inadequate disclosure or duress. His dual financial and legal expertise ensures that every agreement he prepares will withstand judicial scrutiny.
Contact a Parkland Prenuptial Agreement Attorney
If you need experienced legal representation for prenuptial & postnuptial agreements matters in Parkland, contact Marc M. Cohen, P.A. for a free consultation. Call (561) 740-3301 or contact us online to discuss your case. We serve clients throughout Parkland, Broward County, and all of South Florida.