Naples Prenuptial Agreement Attorneys

Prenuptial and Post-nuptial Agreements

At Long, Murphy & Zung, P.A., we encourage all couples to consider entering into a prenuptial agreement prior to marriage (or a postnuptial agreement after marriage), as it will provide both parties with more control over the outcome of property distribution, alimony and other areas, should the marriage end in divorce. Nuptial agreements allow parties to better understand what they can expect in the future. The process of preparing a prenuptial agreement stimulates communication and compromise, which enhances the prospects for a happy marriage. If you are interested in learning more about a prenuptial agreement or post-nuptial agreement (executed after a couple is married), consult our experienced attorneys to ensure your rights are protected and that the agreement is legally binding.

An effective prenuptial or post-nuptial agreement can substantially minimize future litigation costs because the parties have predetermined the outcome of many of the legal issues that typically arise during divorce. It is important to note that there are areas where prenuptial agreements are not binding: children's issues (including child support), temporary alimony and temporary attorneys' fees.

The state of Florida recognizes prenuptial and post-nuptial agreements and will enforce an agreement's terms regardless of fairness, provided the agreement was properly entered into. Florida adopted the Uniform Premarital Agreement Act in 2007, which is designed to create certainty in the enforcement of prenuptial agreements in Florida and throughout the United States.

Cohabitation Agreements

Florida does not recognize common law marriage unless it was validly established in another state. Therefore, cohabitation agreements can be extremely useful in the event that two unmarried people living together decide to part ways. Cohabitation agreements, also commonly called companionship agreements, domestic partnership agreements and roommate agreements, are based on contract law rather than family law statutes. They can address legal areas such as:

  • Property law
  • Real estate law
  • Landlord tenant law
  • Labor law (one partner may work for the other)

Naples Lawyers: Post-Nuptial and Prenuptial Agreements

For a confidential discussion with one of our knowledgeable prenuptial agreement lawyers serving the Naples-Marco Island area, call 239-262-3377 or contact us online to schedule an appointment.