Prenuptial and Postnuptial Agreements

Orlando Prenuptial & Postnuptial Agreement Lawyer 

While many find prenuptial and postnuptial agreements to be unromantic and even uncomfortable to think about, the reality is that they offer valuable financial protection and peace of mind for couples. If you are interested in creating a prenuptial or postnuptial agreement or want to consult an attorney about how either could benefit you, turn to Benjamin Law

For more than 20 years, our firm has provided valuable guidance to clients in all kinds of family law matters. We have seen firsthand the value of prenuptial and postnuptial agreements and welcome the opportunity to help couples craft them or update existing documents. Let us know how we can serve you. 

To speak with a highly experienced prenuptial and postnuptial agreement attorney in Orlando, call (321) 473-6679 or connect with Benjamin Law online.

What Are Prenuptial & Postnuptial Agreements?

A prenuptial agreement is a legal contract created before marriage that outlines how you and your spouse will handle financial matters if the marriage ends in divorce or legal separation. These enable you to enter marriage with a clear understanding of your and your spouse's financial rights and obligations. 

A postnuptial agreement is similar in purpose to a prenuptial agreement but is created after a couple is already married. Creating one can be incredibly beneficial for addressing unforeseen circumstances and happenings in your marriage, such as business ownership changes or inheritances. 

What Goes in These Agreements?

Prenuptial and postnuptial agreements are remarkably versatile legal tools. Here are some of the many provisions that can be addressed in your custom agreement:

  • Property ownership
  • Asset protection (including family businesses, inheritances, and personal assets) 
  • Debt 
  • Alimony (often referred to as spousal support)
  • Division of household expenses
  • Estate planning (wills, trusts, and other matters)

When we work with clients to craft agreements, we make certain they are comprehensive, enforceable, and tailored to couples' goals and interests. At Benjamin Law, personalized services are the standard. 

Can You Alter an Agreement? 

Florida law permits altering or completely voiding prenuptial and postnuptial agreements in certain circumstances. 

Some common reasons for this include: 

  • The contract was signed under coercion or duress
  • One spouse lacked the mental capacity to understand the terms of the agreement at the time it was signed
  • One party did not disclose all assets or debts during negotiations
  • Both parties agree to amend or cancel the agreement 
  • A significant change in circumstances (such as a career change, inheritance, or child) calls for an alteration

If you have reason to believe your prenuptial or postnuptial agreement should be revised, reach out to Benjamin Law as soon as possible. We can review the situation and advise you on how to move forward. 

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Why You Should Create a Prenuptial or Postnuptial Agreement

Many couples believe they do not need a prenuptial or postnuptial agreement because they have limited assets or trust their partner. However, these agreements are not just for the wealthy, and they are not about mistrust. 

Prenuptial and postnuptial agreements are beneficial for:

  • Reducing the likelihood of disputes by setting clear expectations upfront
  • Protecting individual assets and establishing a plan for fair property division
  • Preventing one spouse from being unfairly responsible for the individual or shared debt
  • Preserving the operations and continuity of a shared business
  • Giving you the ability to focus on your relationship, knowing that any financial uncertainties have been addressed

Creating these agreements does not have to be contentious or stressful. In fact, we see the conversations that lead to prenuptial and postnuptial agreements often strengthen couples' relationships and foster healthy communication. 

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Work with Orlando Prenuptial & Postnuptial Agreement Attorney Nicole Benjamin

With over two decades of experience, Attorney Benjamin has the skills and know-how to make establishing a prenuptial or postnuptial agreement as seamless as possible. To partner with her and take the first step toward safeguarding your future, contact us today. 

Call (321) 473-6679 or submit our online contact form to request a consultation at Benjamin Law.

Frequently Asked Questions

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  • Can a Prenup or Postnup Cover Child Custody or Support?

    No, Florida law prohibits agreements on child custody or child support in a prenup.

  • Are Prenuptial Agreements Enforceable in Florida?

    Yes, as long as you and your spouse entered the agreement voluntarily, disclosed all your assets and debts, and established legally binding terms.

  • What Is the Difference Between Prenuptial & Postnuptial Agreements?

    A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after you are already married. Both can safeguard your financial interests.

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