Prenuptial & Post Nuptial Support | Family Lawyer  South Florida

Prenuptial & Post Nuptial Agreements

Prenuptial and postnuptial agreement attorneys Sean L. Collin, Nabeel K. Basit and Ayla Walker represent individuals contemplating a prenuptial agreement prior to marriage or a postnuptial agreement after a marriage.   These agreements are extremely beneficial and valid, if properly prepared by an experienced attorney.


What is a prenuptial agreement? 

A prenuptial agreement (also known as a “pre-nup”) is simply an agreement entered into between the parties prior to their marriage addressing what happens in the event of a divorce.


What is a postnuptial agreement?

A postnuptial agreement (also known as a “post-nup”) is simply an agreement entered into between the parties during the marriage addressing what happens in the event of a divorce. 


Prenuptial and postnuptial agreements address all the issues that would arise in a divorce, such as spousal support and the division of property. Prenuptial agreements resolve and determine if any alimony will be paid by a party, equitable distribution of assets and liabilities and can include penalty provisions if one of the parties commits adultery during the marriage.  Any issues relating to children that may be born during the marriage (i.e. defining the amount of child support and time sharing) cannot be resolved by a prenuptial agreement, however.


A requirement of any contract is that the party seeking the enforcement of the prenuptial agreement has the burden of establishing a meeting of the minds, meaning there was an offer, acceptance and consideration. As a result, to have a valid pre-nup, the parties must not engage in coercion or fraud and it is essential that the parties make full, frank and honest financial disclosures regarding their assets, liabilities and income to one another.


A prenuptial agreement should be signed and executed in advance of the date of marriage. The more time in advance of the parties’ marriage date, the better. If the parties sign their prenuptial agreement in close proximity to their marriage date, then this could be a reason for one party to later challenge the validity of the prenuptial agreement. The marital and family law attorneys at Lyons, Snyder & Collin oftentimes require that the signing of the prenuptial agreement be recorded by a court reporter or videographer to safeguard that one party cannot contest the prenuptial agreement in the future.


Assuming the prenuptial agreement was properly prepared, free of coercion or duress, timely executed, and with full and frank financial disclosure, a Court should not invalidate a prenuptial agreement, no matter how one-sided it may seem.


Why do I even need a lawyer? Can’t I just find something online?


It is always a mistake to enter into a prenuptial or postnuptial agreement without the advice of an experienced family law attorney. Sean L. Collin is frequently contacted by individuals wanting to contest the terms of their prenuptial agreement. In some cases, the parties are disagreeing over tens of thousands of dollars, if not millions of dollars. Usually, the contesting party claims duress, coercion or fraud. In cases where the prenuptial agreement was not prepared by a lawyer, they claim inconsistent or vague terms. We have successfully invalidated pre-nuptial agreements that were incorrectly prepared. Contact us so this doesn’t happen to you!


Prenuptial agreements are for everyone – not only the wealthy.


A misconception is that prenuptial agreements are only for wealthy. Anyone can request a prenuptial agreement. Sean L. Collin, Nabeel Basit and Ayla Walker have prepared prenuptial agreements for well-off individuals, in addition to individuals on second marriages and individuals with limited incomes who want to define the terms of their marriage in the event they come into significant monies (i.e. inheritance, sale of business, etc.) during the marriage. More and more, younger business owners are seeking prenuptial agreements to safeguard their assets in the event of a divorce. The biggest destroyer of wealth is an expensive divorce.


For the most part, however, prenuptial agreements are prepared at the request of individuals with: (1) very high incomes (such as CEOs, CFOs, COOs or athletes); (2) professionals who own a business or practice (such as doctors, lawyers and financial advisors); (3) individuals with children from a previous marriage; and (4) individuals who have amassed great wealth prior to the marriage, often by inheritance, previous divorce or retirement account.


Would duress and/or coercion invalid a prenuptial agreement?


Yes… however… 

In Florida, although a trial court will not enforce a prenuptial agreement obtained by duress or coercion, a trial court should not invalidate a prenuptial agreement if the contesting party merely shows that he/she was emotionally upset or faced with a difficult decision about whether to sign the prenuptial prior to the parties’ marriage. This is one reason why the prenuptial agreement and accompanying financial disclosure should be timely disclosed to your spouse. The more time in advance of the marriage date, the less likely they can claim duress or coercion. If a pre-nup is prepared and executed in close proximity to the wedding date, that could be a basis to invalidate the pre nup.  Again, it is extremely important to have the pre nup executed with as a much time as possible in advance of the marriage date to avoid the appearance of coercion.


Would fraud invalid a prenuptial agreement?


Yes… however…

Fraudulent inducement is commonly plead, particularly concerning financial disclosure. Fraudulent inducement could invalidate a prenuptial agreement if (1) the representations were dishonest when made; (2) the defrauding party knew or should have known they were making false representations; (3) it was intended that the alleged representation would induce the other party to rely thereon; and (4) the defrauding party suffered injury in justifiable reliance on such alleged misrepresentation.   Stated another way, the fraud must be material and justifiably relied upon to establish fraud. Claiming that one party valued a second property at $5,000,000.00 where the beach house was actually appraised at $4,750,000.00 would not be considered material to invalidate the prenuptial agreement. However, not disclosing a second property to the other party could be considered material to invalidate the prenuptial agreement.


Finally, prenuptial agreements entered into in violation of public policy are void. For example, a Court will likely reject a provision of a prenuptial agreement that waives all child support or awards sole timesharing to one parent, in the event that it is not in the best interest of the children.  In Florida, a Judge will not uphold a provision of a prenuptial agreement that waives temporary attorney’s fees and alimony because temporary alimony and attorney’s fees cannot be waived.


Should the same attorney represent both parties?

Prenuptial and postnuptial agreements can be complicated. As a result, it is important for both the Husband and the Wife to have separate counsel to explain the terms of the agreement. It is a mistake to rely upon the advice and recommendation of your adversary’s lawyer.  Like a contract, a party cannot come back at a later time and claim naivety or ignorance for entering into a pre-nup or post-nup without fully understanding its terms. Buyer’s remorse is not a defense to a prenuptial agreement’s or postnuptial agreement’s validity.


A prenuptial agreement or postnuptial agreement must be prepared by an experienced marital and family law attorney to avoid any issues which could lead to future litigation. Our marital and family law attorneys have equally represented Husbands and Wives. Additionally, our marital and family law attorneys have equally represented the spouse with the greater assets and the spouse with the lesser assets.

Although one attorney should not represent both parties, it is not uncommon for the party with the greater assets to pay the attorney’s fees for the party with the lower assets, so they can retain their own attorney to review the agreement.


Where to begin?

The family law attorneys at Lyons, Snyder & Collin have experience preparing and reviewing prenuptial agreements for both future Wives and future Husbands.  Oftentimes the requesting party (the party with significantly higher assets) will agree to pay the attorneys’ fees for their future spouse.


Call us now for a free and confidential consultation.

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13:49 24 Aug 20
Mr. Collins and his team at Lyons, Snyder & Collins, PA. was nothing but exceptional, professional, and responsive with my case. They address any concerns that I might had and were able to handle my case in a timely manner. I would definitely recommend this legal team to handle any future family cases that I might have or refer my friends and colleagues.
Dana Sailsman
Dana Sailsman
04:05 17 Aug 20
I was quite impressed with everyone at Lyons, Snyder and Collin, P.A. I would definitely recommend them to anyone who is looking for knowledgeable and compassionate attorneys. Sean and Nabeel superbly handled my relocation case. It was a difficult case and they let me know of the difficulties up front. They also reassured me that they would do whatever they could to try and obtain a positive outcome. Nabeel went above and beyond to make certain everything went smoothly. He kept in constant communication and was there whenever I had any questions or concerns.
luci vantol
luci vantol
20:09 17 Jul 20
This was my first time needing a lawyer. Phil Snyder was recommended by a friend. Him and his assistant Martha are wonderful. They are both very professional, personable, quick to respond, stayed on top of the case all the way through , kept me informed at all time, and worked their tails off to make sure that I was taken care off. I just know that I ever need any kind of legal help they will be the first one that I will reach out too. Thank you again Phil and Martha for a wonderful job.
Christine Schafer
Christine Schafer
17:27 24 Jun 20
The lawyers at Lyons, Snyder, & Collin are all truly exceptional. As an attorney myself, I’m very selective with who I recommend to my own clients for various legal needs because, ultimately, it is a reflection on me. Should any of my own clients get into a car accident or face family issues (such as divorce, paternity issues, etc) then this is the firm I recommend. Phil, Sean and Marc are brilliant, professional, aggressive and top notch lawyers. Their team is responsive, efficient and on the ball. Hire this firm - you wont regret it!
rosemary familia
rosemary familia
21:09 27 May 20
Phil and Martha are an amazing team! Throughout the entire process of dealing with my out of state case, from start to finish they were professional, informative, and very quick to respond. Even when i thought about asking a particular question they would already provide an answer before even knowing i was thinking about it! Thank you both for keeping me calm throughout this and help providing me with the information i needed for relief. Phil - for all of those calls keeping me up to date with the process - Thank you for your patience.
George Przybylski
George Przybylski
14:13 20 Mar 20
I was in a serious motor vehicle accident and in need of a good attorney. What I found was an amazing law firm in Lyons, Snyder, & Collin, P.A. I spoke to Mr. Snyder for the first time and he spent over an hour on the phone going over every detail of my case. From day one I was updated at least once a week if not more on the progress of my case. Mr. Snyder’s assistant Martha was a god sent. She would return emails and calls within minutes. If there is any reason to hire a law firm then this is the only call you need to make, and rest assured that everything that can be done will be done in a timely manner. If I could give more than 5 stars I would. If you want the best of the best then call Lyons, Snyder, & Collin, P.A.
Elena B
Elena B
17:28 19 Feb 20
I found Sean Collin through Google search, I'm glad that I did! After having few lawyers and a bad mediation agreement, I came to Sean hopeless and insecure. He was able to give me solutions to the situation I was in. After going to court and trying to settle my mediation agreement, Sean was able to help in changing my mediation agreement and finalize everything towards my favor! Now, once is completely over, I could not be thankful enough to Sean Collin and his team for their understanding, professionalism and caring! I would definitely recommend them to anyone who is in need! I can't thank them enough for being there during difficult times!
01:23 19 Feb 20
My experience with Lyons, Snyder & Collin , PA law firm has been a great one. I am very happy with how Mr. Snyder handled my car accident case with the results. I have nothing but good things to say about them.The staff is extremely professional. Anytime I had questions or concerns, I would call and Martha or my attorney Philip Snyder would always have an answer for me. Their follow up before and after my surgery was outstanding. They care about their clients well being.I have texted and called the staff at any time and have always received an immediate answer that was detailed.They exceeded my expectations . I have highly recommended them to family and friends and will continue. This is a very professional, courteous and caring group which work hard for their clients.Thank you Martha for always being so pleasant and to my Attorney Phill Snyder for all you did for me. I would definitely recommend this law firm…and would definitely use them again.
Lauren Pomerantz
Lauren Pomerantz
00:06 20 Dec 19
These are caring professionals! I would only recommend my family or friends to see them. I was fortunate to have the help of Phil Snyder who is one of the most helpful and thorough lawyers you will ever meet. He cares about his clients very much and it’s easy to see. Also, Martha was incredible in the office! She also is helping make the magic happen. I highly recommend!
Gaby Rodriguez
Gaby Rodriguez
16:56 19 Dec 19
Phillip, and his team excel in communication, and are ahead of the curb. Martha is lovely, and she is quick to reply. Part of being successful is the team you build, and surround yourself with. This is exactly that and more. Phillip is always considerate, caring and compassionate. He wants the best for his clients and is passionate about what he does. I had an unfortunate situation, and for him I am thankful. I could not have asked for a better team, and if ever I need anything legally, I feel confident in knowing that they will steer me in the right direction. Trust me, you want them to take care of you!!!! -Gaby
judy subachan
judy subachan
20:34 13 Dec 19
5.0 star rating 12/9/2019 I was going through a difficult divorce. I was a single mom with 3 children, and I was not receiving any child support. A friend referred me to Sean Collin. I went to see Sean. He was knowledgeable, helpful with all my concerns, and compassionate through the most difficult time in my life. The results of my divorce, are better then I hoped for. Sean and his team, went above and beyond, and always kept me informed. I would highly recommend Sean and his team to my family and friends. Thank you Sean, for everything you did for me and my children!!!
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When we are not in court, Marc P. Lyons and Philip M. Snyder serve as legal commentators for CNN, FOX News, and HLN.