Premarital Agreements in Florida

Marriage and divorce are both common experiences. In Western cultures, more than 90 percent of people marry by age 50. Healthy marriages are good for couples’ mental and physical health. They are also good for children; growing up in a happy home protects children from mental, physical, educational and social problems. However, about 40 to 50 percent of married couples in the United States divorce. The divorce rate for subsequent marriages is even higher.

And while it’s tempting to believe that it won’t happen to you, that doesn’t mean you shouldn’t be prepared. Negotiating a premarital agreement is nothing to be embarrassed about. It’s simply a way for you and your intended spouse to set expectations and eliminate potential difficulties and confusion down the road.

If you need to negotiate a premarital agreement in Sarasota, FL and its surrounding counties, then the law firm of Carmen R. Gillett PLLC can help.


Why get a premarital (also known as prenuptial) agreement?

A premarital agreement is something that could benefit any marriage. But there are certainly situations where we would advise even more strongly in favor of an agreement, including:

Second or third marriages, especially if there are children from previous marriages; Marriages in which someone holds significant debts or assets; Marriages in which the spouses are elderly or have serious health concerns; Marriages in which either or both of the spouses is engaged in a financially risky profession.

A premarital agreement allows you to negotiate things like alimony, spousal support, property division, promises made between parties, how each party will be supported after a divorce, and more before entering into a marriage. A premarital agreement cannot be used to fix or determine rights to access and contact with children, parental responsibility or parental support. It is far superior to negotiate the financial matters that you can negotiate prior to a marriage rather than during the divorce process.

Call our family law firm to schedule your consultation.

If you’re planning on getting married, then negotiating a premarital agreement can only help you in the long run.


Postnuptial Agreements in Florida

A postnuptial agreement is similar to a premarital or prenuptial agreement except that parties sign it after they are already married. Postnuptial agreements may be created without anticipation of divorce and are used to set forth the rights of parties during the marriage and/or in the event of death. They can also be created when a married couple anticipates divorce and wishes to amicably distribute their assets – this type of agreement may also be called a separation agreement. As with premarital or 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 for both parties.