Miami Postnuptial Agreement Attorney

Yes. A postnup is judged under Casto v. Casto, 508 So. 2d 330 (Fla. 1987): it can be set aside for fraud, duress, coercion or overreaching, or if it is unfair or unreasonable to you, unless the spouse defending it shows full and fair disclosure or that you had a general and approximate knowledge of their finances. An independent review checks what you give up at divorce and at death, whether the financial disclosure is complete, and whether any waiver of inheritance or homestead rights meets § 732.702, which for agreements signed after marriage requires fair disclosure of each spouse’s estate and two subscribing witnesses. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, reviews postnuptial agreements drafted by the other spouse’s lawyer, in person or by video, in English or Spanish: (305) 482-1262.

The business interest, its growth in value and the income it produces. Without an agreement, interests acquired during the marriage are marital under § 61.075(6)(a)1.a., and growth in a premarital business from either spouse’s efforts or marital funds can be marital under § 61.075(6)(a)1.b. A postnup can keep those interests separate, because § 61.075(6)(b)4. treats assets “excluded from marital assets and liabilities by valid written agreement of the parties” as nonmarital. Business owners usually address shares or membership units, partnership and professional-practice interests, stock options and other equity grants, intellectual property, business debts, and what happens if marital money is invested later. The agreement should fit the company’s operating, shareholder or partnership agreement, and the disclosure should value the business honestly. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts postnups for business owners, in English or Spanish: (305) 482-1262.

Yes. A postnup signed as part of a reconciliation is reviewed under Casto v. Casto, 508 So. 2d 330 (Fla. 1987) like any other marital agreement. It can set how property and debts would be divided and whether alimony would be paid if the marriage later ends, with each spouse’s financial disclosure attached. Do not sign it under pressure as a condition of moving back in: duress and coercion are grounds to set an agreement aside. Each spouse should have a separate lawyer. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews postnuptial agreements for reconciling couples, in English or Spanish: (305) 482-1262.

A prenup is signed before the wedding and governed by Fla. Stat. § 61.079. A postnup is signed after the wedding and governed by case law, principally Casto v. Casto, 508 So. 2d 330 (Fla. 1987), where financial disclosure carries even more weight.

Yes. Florida has no legal separation, and a postnup can settle the money issues while you stay married. If a spouse has stopped contributing to the household, § 61.09 allows a support request without a divorce filing.

It can set how that property is treated in a Florida divorce if it is clearly identified and disclosed. Whether the other country will also recognize the agreement is a question for a lawyer there.

Yes. A business started during the marriage is marital by default (Fla. Stat. § 61.075(6)(a)1.a.), but spouses can exclude it by a valid written agreement (§ 61.075(6)(b)4.). A postnup is judged under Casto v. Casto, so full disclosure of the business’s finances matters most. See protecting a business with a postnup.

It can set the financial terms you would rely on, but it is safer if those terms do not depend on proving fault. Florida divorce is no-fault: a marriage is dissolved when it “is irretrievably broken” (Fla. Stat. § 61.052(1)(a)). A court “may consider the adultery of either spouse and any resulting economic impact” when setting alimony (§ 61.08(1)(a)), but how a court treats a clause that pays out only on proof of an affair is uncertain, so postnups often use terms that work whatever the reason for a divorce: a defined property division, a lump-sum payment, or protection of specific assets. Each spouse should have a separate lawyer and full financial disclosure, and the agreement should not be signed under pressure in the middle of a reconciliation. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews postnuptial agreements, in English or Spanish: (305) 482-1262.

It usually starts out separate: assets “acquired separately by either party by noninterspousal gift, bequest, devise, or descent” are nonmarital (Fla. Stat. § 61.075(6)(b)2.). The risk is mixing it with marital money — a joint account, or a jointly titled home — which can make it hard to trace later. A postnuptial agreement can confirm that the inheritance, its income and anything bought with it stay separate; assets excluded “by valid written agreement of the parties” are nonmarital under § 61.075(6)(b)4. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts postnups that document inheritances, in English or Spanish: (305) 482-1262.

Yes. A postnup can set what you would receive if the marriage ends — alimony, a lump sum, or a larger share of specific property — instead of leaving it to a court’s alimony decision under Fla. Stat. § 61.08. It cannot adversely affect a child’s right to support, which is set under § 61.30. Because it is signed during the marriage, a postnup is judged under Florida case law rather than § 61.079, so full financial disclosure, a separate lawyer for each spouse and enough time to decide all matter. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews postnups for spouses leaving work to raise a family, in English or Spanish: (305) 482-1262.

It can. Money you had before the marriage is nonmarital (Fla. Stat. § 61.075(6)(b)1.), but real property held by spouses as tenants by the entireties “is presumed to be a marital asset” (§ 61.075(6)(a)2.), and the spouse who claims otherwise carries the burden of proof. A postnup can record the amount and source of the down payment and say what happens to it — for example, that it is returned to you before the equity is divided — and how later mortgage payments and appreciation are treated. Assets excluded “by valid written agreement of the parties” are nonmarital (§ 61.075(6)(b)4.). Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts postnups that protect separate contributions to a home, in English or Spanish: (305) 482-1262.