What is the difference between a prenuptial agreement and a postnuptial agreement and which one should you choose? Divorce attorney Sergio Cabanas talks about who prenuptial and postnuptial agreements work in Florida.
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Watch this video in English:
Prenuptial Agreements VS Postnuptial Agreements
• The Truth Behind Prenu...
Mira el video en español:
Acuerdo prenuptial VS acuerdo postnupcial
• Diferencias cruciales ...
**Please note that the information in this video is not legal advice and is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991. After graduating from Washington College of Law in Washington D.C., Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody / Timesharing, Child Support, Alimony, Prenuptial Agreements, Postnuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm serves three counties in Florida: Broward, Miami-Dade, and Palm Beach. You can get in touch with us for your free 15-minute consultation by calling (954) 329-0441. We are open from 9AM to 7PM, Mondays to Fridays.
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00:00 Intro
00:15 What are the differences between a Prenup and a Postnup?
00:58 Why would you want a prenup agreement?
01:27 Why would you want a postnup agreement?
03:05 DISCLAIMER Florida law does not allow prenegotiation of issues relating to child support and custody
03:22 Outro
Today's question is: "Sergio, I've heard so much about these prenuptial agreements and postnuptial agreements when it comes to marriages and divorces, but what exactly do these agreements do? And what's the difference between a prenuptial agreement and a postnuptial agreement?"
Well, basically, both agreements address how assets are to be divided in the event of a divorce. It can also address whether any alimony will be paid and, if so, how much and for how long.
So, what's the difference between a prenuptial agreement and a postnuptial agreement? Well, the difference is that a prenuptial agreement is signed and finalized before the wedding, whereas a postnuptial agreement is made after the wedding. That may seem obvious. But why do some people choose to do a prenuptial agreement vs a postnuptial agreement?
First, a prenuptial agreement is one that's made before the wedding and it's usually when one or both spouses already have assets that they want to protect in the event of divorce, or they're expecting to have assets later on, during the marriage, that they want to protect. For example, one of the spouses may be expecting an inheritance, or maybe some other type of windfall, such as from a settlement or a lawsuit.
So why would anybody do a postnuptial agreement? Well, that usually comes up under one of two circumstances. The first circumstance is that one of the parties wants to enter into a prenuptial agreement, but because of time constraints, they weren't able to finalize a prenuptial agreement before the wedding. If the parties rush into a prenuptial agreement too close to the wedding day, it runs the risk of being invalidated if the court believes that one of the parties was coerced into signing the agreement due to time constraints. So, under these circumstances, the parties may agree to simply execute a postnuptial agreement after the wedding to avoid these time constraints and avoid the risk of it being invalidated. Of course, you run the risk that one of the parties may refuse to sign any agreement after the wedding, so just keep that in mind.