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Marital & Family Law
Divorce, Support & Modifications
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Law Offices of
Bruce A. Leinback, P.A.

P.O. Box 689
Monticello, Florida 32345

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Phone: (850) 942-9700

Florida Pre and Post Nuptial Agreements

Marital and Family Law

Nuptial Agreements

Before marriage, many couples want to have arrangements in place for addressing financial issues in the event of divorce or death. This can be accomplished under Florida law through a premarital agreement, also known as an antenuptial or prenuptial agreement.

Until very recently, the law regarding premarital agreements had been developed through a series of court decisions by the District Courts of Appeal and the Florida Supreme Court. These cases addressed the circumstances under which a court would uphold or invalidate such agreements and parts of them. This changed a few years ago when the Florida Legislature, in section 61.079, Florida Statutes, adopted the “Uniform Premarital Agreement Act.” This statute describes what a premarital agreement may address, as well as the circumstances under which such an agreement may be invalidated in whole or in part. Although the new statute is a helpful guide to preparing such agreements, much of the existing case law is still applicable to cases involving the interpretation or application of specific provision in prenuptial agreement, such as provisions involving attorney’s fees and temporary support.

Married couples who wish to engage in planning for divorce can do so through a postnuptial agreement. Couples who are contemplating divorce often wish to have an agreement addressing all of their issues before either of them files a petition for dissolution of marriage. Such agreements are often referred to as marital settlement agreements. Regardless of the type of agreement, it is important that all of them are drafted properly so that they are enforceable in court. Attorney Bruce A. Leinback is experienced in preparing these agreements and litigating their enforceability. Our firm will work with you to draft agreements which accomplish your goals and stand up in court. If you are considering entering into a premarital agreement, or if you have any question regarding an existing prenuptial agreement, please contact the Law Offices of Bruce A. Leinback, P.A., via email or by telephone at (850) 942-9700 for a free consultation.

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