Miami Prenuptial & Postnuptial Agreement Attorneys
Florida courts enforce properly drafted prenuptial and postnuptial agreements — and routinely throw out the ones that fall short. The difference between the two often comes down to how the agreement was prepared and signed.
A well-drafted prenuptial or postnuptial agreement is one of the most powerful financial protections available under Florida law. A poorly drafted one is worse than no agreement at all — it provides a false sense of security and can be set aside by the court when it matters most.
At Reynoso Erickson Trial Law, P.A., we draft, review, and litigate prenuptial and postnuptial agreements throughout Miami. We know what Florida courts look for when deciding whether an agreement is enforceable — and we know how to challenge agreements that should not stand.
Understanding Prenuptial and Postnuptial Agreements in Florida
Both agreements are contracts between spouses (or future spouses) that determine how property, debts, and support will be handled in the event of divorce or death. These agreements can:
- Define what is marital property and what is separate
- Set rules for property division on divorce
- Address alimony
- Address rights and obligations regarding existing or future debts
- Protect family businesses, inheritances, and pre-marital assets
However, no agreement can determine child support or restrict a court’s authority over time-sharing — those issues always remain subject to the best interests of the child.
Prenuptial vs. Postnuptial
Prenuptial Agreements
Signed before marriage. Particularly important for spouses entering the marriage with significant assets, business interests, children from a prior relationship, or substantial debt.
Postnuptial Agreements
Signed during the marriage. Common in situations such as a spouse receiving a large inheritance, starting a business, or working through a marital dispute that the parties want to resolve without divorcing.
What Makes an Agreement Enforceable
Florida courts will enforce a properly executed prenuptial or postnuptial agreement, but they can set one aside when it was not entered into voluntarily, was procured through fraud, was signed without adequate financial disclosure, or is otherwise unfair under the law.
Common drafting mistakes that lead to invalidation include presenting the agreement on the eve of the wedding, inadequate disclosure of assets, and lack of independent legal counsel for both parties.
How We Handle Prenuptial and Postnuptial Cases
- Drafting: We prepare agreements designed to withstand challenge, with proper financial disclosure, clear language, and careful execution.
- Review: If your fiancé or spouse has presented an agreement, we review it carefully and negotiate revisions before you sign.
- Enforcement: When divorce comes, we move to enforce a valid agreement and protect the financial structure it created.
- Challenge: When an agreement was unfairly procured or improperly executed, we challenge it aggressively in court.
Why Choose Reynoso Erickson Trial Law, P.A.?
- Trial-Tested Representation in Miami-Dade courts
- Drafting and Litigation Skill — we draft agreements that hold up because we know how they are challenged
- Direct Attorney Access — a lawyer takes your call, not a receptionist
- Bilingual Representation for English- and Spanish-speaking clients
- 24/7 Availability for urgent matters
Whether you are drafting a new agreement or facing one in a divorce, the details matter enormously. Schedule a confidential consultation with Reynoso Erickson Trial Law, P.A. today and protect what you have built.
Call us at (305) 315-5147
