Prenuptial Agreements

Bringing Experience, Attention & Powerful Advocacy to Your Case

Proactive Planning Through Prenuptial Agreements

At The Law Offices of Andrew M. Smith, P.A. in Boca Raton, Florida, we draft prenuptial agreements to address matters of property division, support, and other matters should the marriage end in separation or divorce.

Contact our Boca Raton office by phone at 561‑961-4665, or by e‑mail through this Web site to learn more about the benefits of prenuptial agreements. We offer a low-cost initial consultation.

The Need for a Prenuptial Agreement

If you are contemplating marriage, including marrying for a second or third time, we encourage you to work with our family law attorney to draft a prenuptial agreement. That all‑important document can protect your right to premarital property or your children’s right to your estate.

Even though most of our clients who are remarrying truly want the marriage to last, many realize that circumstances change, and wish to take the pragmatic step of protecting their financial interests. They also recognize that the divorce rate for second and third marriages is even higher than the divorce rate for first marriages, so they ask our family law firm to review or draft a prenuptial agreement complying with Florida law.

A Prenuptial Agreement Providing the Protection You Need

An agreement concerning property division may be useful in protecting:

Property rights of children from a previous marriage in case you die before your new spouse.
Equity and investment in your home that was earned before your new spouse moved in.
Family heirlooms that you want to be sure go to your children.
Family owned or closely held business interests
Helping You with Property Division and Alimony in a Pre-nup

Couples often reach an agreement regarding alimony prior to a marriage, too. If you have been talking with your fiancé about property division or spousal support issues, you may wish to consult with Mr. Smith.

Contact Us

For more information or to schedule an appointment with an experienced lawyer regarding a prenuptial agreement, please contact us.

The hiring of a Florida lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of an attorney/client relationship.

Can I refuse visitation if my ex-spouse fails to pay child support?

No. You cannot refuse visitation, if it has been ordered by the Court, because your ex-spouse has failed to pay child support. The failure of a party to follow a court order should be brought to the attention of the Court. Therefore, if your ex-spouse violates a court order to pay child support, that issue should be brought to the Court’s attention.

There has been an order of child support in my case, but my circumstances have changed. Is it possible to have the child support order modified?

The Court will look at a change in circumstances of the parties through a petition to modify support. If there has been a substantial change in circumstances since the original order, the Court may modify the order, based on those changed circumstances.

My spouse has always controlled our finances. He/She makes the money and I don’t have access to funds to pay for an attorney. What do I do?

Most attorneys require an initial retainer before they will start working on your case. Many attorneys accept credit cards. Once the case reaches the court system, the Court may require your spouse to pay for your attorney’s fees.

What is mediation?

Mediation is a process where the two parties get together and attempt to negotiate a settlement between the two, rather than having the judge make the final decision. Mediation can save time, money and misery. A settlement is not required, however, simply because you agree to mediate.

How is marital property divided in Florida?

As a general rule, in the state of Florida, property acquired during the marriage is split evenly, despite whose name the property is in. With any general rule, there are exceptions. The courts can change the percentage depending on the parties’ specific circumstances.

What if my spouse is hiding or misrepresenting his assets?

Each party must sign a sworn financial affidavit. If your spouse is hiding or misrepresenting his assets, you may be entitled to compensation relating to those hidden assets.