Family Law in Florida
Marital, prenuptial and postnuptial agreements
Serving Pasco, Pinellas and Hillsborough Counties with law offices in Largo & Palm Harbor
K. Dean Kantaras is Board Certified in Marital and Family Law by the Florida Bar
When you contemplate getting married or divorced, it is a good idea to consult a knowledgeable attorney for guidance on drafting a marital agreement. The insight of an experienced family law attorney at the Law Offices of K. Dean Kantaras, P.A. can help make your marital agreement as comprehensive and fair as possible.
What is a marital agreement?
A marital agreement is a carefully written contract between two people who intend to get married or who are already married. The agreement states how important financial matters will be handled during a marriage or in the event of divorce or death.
Without a marital agreement, state laws control spousal rights and benefits. You and your spouse control these issues when you enter into an official marital agreement.
Following are some examples of issues that a marital agreement may address:
Types of marital agreements
Couples draft prenuptial agreements, or premarital agreements, before they get married. An agreement becomes effective as soon as the marriage takes place.
A prenuptial agreement is a useful way to determine the liabilities and rights of each spouse if the marriage ever ends in dissolution or death. It is common for couples to draw up an agreement if either spouse has children from a previous marriage or if there is a major difference between the financial resources of each party.
Distinguishing features of a prenuptial agreement include the following provisions:
- There is no requirement to disclose the exact value of assets and real property
- A couple may not predetermine the extent of child support
A couple drafts a postnuptial agreement after they are married but before either party divorces the other or passes away. A married couple may write a postnuptial agreement after experiencing significant financial change or after a period of severe marital conflict.
Distinguishing features of a postnuptial agreement include the following provisions:
- Both spouses must fully disclose their assets
- A couple may define the terms of child support and custody