What is a Premarital Agreement in Florida?

What Is a Premarital Agreement? www.beinerlaw.com 1

WHAT IS A PREMARITAL AGREEMENT?

Many Couples Do Not Want the Courts to Decide What Happens If They Dissolve their Marriage or One of them

Dies; a Premarital Agreement Allows the Parties to Decide What Will Occur If the Marriage Should End

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A premarital agreement is another term for prenuptial agreement. Although

working on a premarital agreement is not exactly the height of romance, discussing

it is certainly an important part of preparing for a life together as husband and wife.

A premarital agreement specifies how the parties will deal with property and other

issues in the event of a divorce. It can also specify what will happen in the event of

the death of a spouse. Many couples do not want the courts to decide what happens

if the parties dissolve their marriage or one of them dies; a premarital agreement

allows the parties to decide what will occur if they divorce or one of them dies.


What Types of Topics Are Included in Premarital Agreements?

Premarital agreements may include any matter that the parties wish to address that

does not violate Florida’s public policy. However, premarital agreements cannot

contain any terms that would adversely affect the right of a child to receive support

from his or her parent. Examples of issues that most premarital agreements address

include:

● The rights and obligations of each spouse regarding any property that they

own individually or jointly.

● How property will be divided in the event of the death of one of the spouses, a

separation, or a divorce.

● Whether spousal support or alimony will be paid in the event the marriage is

dissolved and, if so, in what amount, and for what duration.

● Which state law that will govern the enforcement and interpretation of the

agreement

● Identification of the pre-marital property of each spouse.

● Waiver of statutory right of election upon the death of one spouse.

When drafting a premarital agreement, each party must fully disclose all of their

income, assets, and liabilities so that the other party is making an ”informed”

decision. The agreement should also identify non-marital property (property owned

by the individuals prior to marriage or acquired after marriage through inheritance

or other means) and specify how this property will be equitably divided in the event

of a divorce.


Benefits of a Premarital Agreement

The most important benefit of a premarital agreement is that it protects your

premarital assets. This is especially important for individuals who have

accumulated a significant amount of wealth prior to their marriage.

Even if you live in a state that protects non-marital property when you get divorced,

it is safer to have a premarital agreement identifying the specific property that is

non-marital and not be subject to any property division.


If you have children from a previous marriage, a premarital agreement allows you to

protect your children’s interest in your assets. It is important to protect the money

and assets you want to leave to your children in the event that the marriage is

dissolved or upon your death.

You may believe that the person you are marrying would not seek to take your

property that was intended for your

children; while that may be true now, it

may not continue to be the case if your

marriage ends less than amicably. A

Premarital Agreement protects the

assets that you want your children to

receive in the event of your death or if

your marriage ends.

Premarital agreements reduce conflict

because the parties have resolved the

issues that couples may fight about

during a divorce action. Premarital

agreements are legally binding contracts

that the courts will enforce in the event

that the parties divorce. Therefore, the

parties will not have to litigate or mediate these issues during the divorce.

Each party must be represented by his or her own attorney in order to ensure that

both parties fully understand the terms of the premarital agreement. Having


separate counsel also ensures that each party has received full disclosure and the

opportunity to discuss the terms of the agreement in private with an attorney who

is working solely for his or her benefit and to protect his or her rights.

Individualized Representation From Caring, Honest, and Highly Knowledgeable Family Law Attorneys in Boca Raton

Deciding on the terms in a premarital agreement can be a complex process;

therefore, you want an experienced Boca Raton Family law attorney to ensure that

the agreement is fully enforceable. The experienced family law attorneys of Beiner,

Inkeles& Horvitz want to help you negotiate a prenuptial agreement that is

agreeable to you and your future spouse.

Our partners understand that you are hiring

us to protect your interests. Your file will

not be given to a paralegal or a junior

associate to handle. You at all times will

work directly with a firm partner.

Contact our office at (561) 750-1800 to

schedule an appointment with one of our

attorneys to see how we can help protect

your rights. We assist clients throughout Northern Broward County and Southern

Palm Beach County.



About Beiner, Inkeles& Horvitz

Beiner, Inkeles& Horvitz, with offices in Boca Raton and New York City, is a boutique law firm (four attorneys with a combined experience of more than 100 years and two paralegals), large enough to have all of the latest, sophisticated modalities to ensure that our clients are receiving cutting edge legal support, yet small enough that each client receives the personal attention of one of our very experienced senior attorneys. We have extensive experience in all areas of family law, including negotiating and drafting Pre-Nuptial and Post-Nuptial Agreements; obtaining relativlely simple, uncontested divorces; litigating complex divorce cases involving child-support, equitable distribution schemes, alimony, and pension and profit-sharing QDRO’s; seeking modification of existing support and visitation Orders.

We also meet with clients to understand their particular familial and financial circumstances, counsel them with regard to how they can pass their wealth to their loved ones as simply as possible, avoiding probate, while reducing or eliminating their potential estate tax exposure. Using Revocable (Living) Trusts, HEALTH CARE Proxies, Pre-Need Guardian Designations, and other such estate planning tools, we attempt to assure that our clients will be cared for and protected both during their lives and thereafter.

We invite you to call for a consultation with one of our senior attorneys to discuss your particular needs and concerns, so that we can advise and counsel you and attempt to resolve your matter amicably and expeditiously. Our firm offers mediation as a way to resolve conflict without lengthy and costly litigation. Stephen Beiner is a Florida Certified Mediator and Harvey Nussbaum now devotes all of his practice to mediation. We can either serve as a mediator to attempt to resolve the pending issues in your matter or we can accompany you to mediation to make sure that your rights are protected during the negotiation and settlement process.

And if you have gotten a bad result in your case and you think the judge has erred, we handle appeals from previous decisions; appeals must be filed within 30 days of the decision being rendered by the Court.

The Law Offices of Beiner, Inkeles& Horvitz 2000 Glades Rd, Bank of America Building, Suite 110 Boca Raton, FL 33431 Phone: 561.750.1800 Fax: 561.338.3803 Website: www.beinerlaw.com Email: [email protected]
