Under Florida law, a prenuptial agreement, also commonly referred to as a “prenup” or a “premarital agreement,” is a contract entered into by two parties who are considering marriage prior to getting officially married. This legally binding contract defines their respective rights and obligations during the marriage or at a later time if the marriage is ultimately dissolved. Prenuptial agreements can be a useful tool to attempt to avoid costly and extensive legal battles that may occur when a marriage ends. They can also be used to circumvent the equitable distribution of assets and liabilities decision made by a court during a divorce by including what this distribution will look like in the event the marriage doesn’t work out.
A postnuptial agreement or “postnup”, is similar to a prenuptial agreement. However, it is entered into after the parties are already married. It is important to note, that it is possible for parties to execute a postnuptial agreement even if they already have a prenuptial agreement in place. Postnuptial agreements may be made without anticipation of divorce and are a useful tool to set forth the rights of parties during the marriage or in the event of death. They can also be created when a married couple anticipates divorce and wishes to cordially distribute their assets. As with prenuptial agreements, postnuptial agreements must be in writing and should be reviewed by a qualified divorce attorney in order to ensure that all rights are adequately protected.
