Prenup Lawyers in Miami-Dade

Protecting Your Rights in Pre-Marital / Antenuptial Agreements

Are you considering signing a prenup, also known as a pre-marital or antenuptial agreement? If so, then it is critical you know your rights and understand the ramifications of what you are signing. It is also important to act quickly if the marriage date is approaching.

The Miami-Dade prenuptial agreement attorneys at Orshan, Spann & Fernandez-Mesa can help you protect your financial interests before you get married. Contact us today!

What Is an Antenuptial Agreement?

More commonly known as a prenuptial or pre-marital agreement, an antenuptial agreement sets clear expectations for the two people as they enter marriage and protects both in the event of a divorce. They can also establish parameters in the event of the death of a party.

Under the right circumstances, antenuptial agreements are advantageous in many situations. However, a lop-sided or hastily drafted prenup can work against you or lead to litigation down the road.

What Are the Benefits of a Prenup?

Properly crafted, the prenuptial agreement declares which assets belong to the individuals (separate property) and which assets will be considered marital property after you wed.

If you bring your own home, business, or inheritance to the marriage, then these assets are protected in the event the marriage does not work out and you end up getting a divorce. The prenup will prevent these assets from being divided as "marital property."

Many people entering a second or subsequent marriage sign premarital (also known as "antenuptial") agreements to protect their own assets as well as the inheritance rights of any children from a previous marriage.

What Happens If You Don't Have a Prenuptial Agreement?

Choosing not to establish a prenuptial agreement before marriage can lead to significant financial and legal consequences in the event of a divorce. Without a prenup, the division of assets and debts will be governed by state laws, which may not reflect the couple's individual wishes or circumstances. In Florida, for instance, the law typically follows the principle of equitable distribution, meaning that marital assets will be divided fairly but not necessarily equally. This can lead to disputes and lengthy negotiations during a divorce​.

Additionally, the absence of a prenup can complicate matters relating to spousal support. In the absence of a predefined agreement, the court will have broad discretion in determining alimony based on various factors, such as the length of the marriage and each spouse's financial needs. This uncertainty can result in an outcome that neither party anticipated​.

Moreover, without a prenup, personal assets brought into the marriage may not be protected. This includes inheritances, family businesses, or properties acquired prior to the marriage, which could be classified as marital property during divorce proceedings​..

For couples who want to avoid potential conflicts and protect their financial interests, establishing a prenuptial agreement is a prudent step. This agreement serves as a legal safeguard, ensuring that both parties have clarity and security regarding their assets and obligations, should the unexpected occur. For further guidance, consulting with a qualified attorney can provide insights tailored to individual situations and concerns.

Why You Need a Prenup Lawyer in Miami-Dade

Our Miami-Dade prenup attorneys can negotiate and draft your agreement or review and revise your current agreement. If we draft the agreement for you, the initial step is to compile a list of your assets. Next, we will discuss your goals for the agreement. Lastly, we will draft a prenup that expresses your goals and present it to your future spouse for review.

Because of the length of the process, you should start the process as early as possible before the wedding date. This gives you and your attorney the opportunity to properly safeguard your interests. Call (305) 853-9161 or contact us online!