Pre/Postnuptial Agreements Dedicated to Obtaining the Best Possible Outcome

Pre/Postnuptial Agreements

Buckmaster & Ellzey: Compassionate Legal Advice When You Need It Most

In the reality of the world we live in, many marriages end in divorce. To be prepared in case of this outcome, many couples seek the assistance of a lawyer to help them draw up either a prenuptial or postnuptial agreement. This is a perfectly natural thing to consider, especially in marriages involving joint business concerns or where either party is entering the marriage with a high amount of assets.

At Buckmaster & Ellzey, our Daytona Beach family attorneys will walk you through all the potential financial outcomes related to divorce and help you determine which legal measures are right for you. Don’t enter into a marriage without preparing for every potentiality. Contact Buckmaster & Ellzey for all your marriage agreement needs today.

We are available by phone at (888) 785-6548 or you can contact us online right here.

Prenuptial Agreements

In the state of Florida, current statutes regarding prenuptial agreements make actions surrounding distribution of assets following the dissolution of a marriage legally binding. While there used to be more flexibility around this field, much of the old guidelines were thrown out following court rulings in 2007, making way for a more rigid interpretation of the law. Under current statutes, the terms of a prenuptial agreement will almost always be found legally binding and enforceable. The major exception to this is if one party is found guilty of coercion or duress during the course of, or amidst the dissolution of, a marriage. In these cases, a prenuptial agreement may be nullified.

While many things may be up for negotiation in a prenuptial agreement, certain rules surrounding what can and cannot be divvied in a divorce remain firm, even with stricter enforcements of prenuptial agreements becoming the norm. Child support, for instance, is not subject to the terms of a prenup, and therefore may be nonnegotiable depending on the circumstances of your divorce.

Prenuptial agreements distribute assets and liabilities under two specific conditions. The first is your standard prenup which determine who is entitled to what in the case of a divorce. The second relates to the untimely death of one spouse during the course of the marriage and lays out what that spouse is entitled to inherit following the other’s passing.

Things you may be able to negotiate in a prenup include:

  • Businesses
  • Investments
  • Income
  • Real Estate
  • Cars
  • Clothes
  • Jewelry
  • Other property
  • Various assets

Postnuptial Agreements

Though far less discussed, postnuptial agreements are fairly similar to prenuptial agreements. The key difference is timing. Prenuptial agreements can only be drawn prior to marriage. Postnuptial agreements, conversely, can be drawn any time during the duration of the marriage. Like prenuptial agreements, postnuptial agreements can pertain either to division of assets in the case of a marriage dissolving, or distribution of assets in the case of one partner’s death.

Full Financial Disclosure

Full financial disclosure, also sometimes referred to as “full and frank disclosure,” is the stipulation that both parties must be totally and completely upfront about their assets when entering into a prenuptial or postnuptial agreement. This practice is designed to prevent either party from making fraudulent monetary statements to the other, and to ensure that neither spouse withholds pertinent details about their financial standing.

Don’t Trust Just Anyone with Your Marriage, Call Buckmaster & Ellzey Today

At Buckmaster & Ellzey, we know that issues related to family law can be difficult. You may not want to even think about the possibility of divorce, yet it is important for each party to put themselves in the best financial and legal situation possible when entering a marriage. That’s why our firm provides compassionate and thoughtful counsel, so you are able to be married without any hesitations.

Call (888) 785-6548 to speak to our Daytona Beach lawyers now, and start negotiating the terms of your prenuptial or post-nuptial agreement today.

Clients Share Their Experiences

Read How We Have Helped Others
  • “This law firm is everything you can ask for. They keep me inform through the whole case, and everything come out the way was planned. Thanks to Maria and Mr Buckmaster.”

    - Alejandro R.
  • “Mr. Ellzey is a very conscientious, knowledgeable and caring attorney! He went above and beyond to address my case and to keep me informed about all aspects of the procedure. His responsiveness to my ...”

    - Jon
  • “We hired Jeremy Buckmaster to handle a criminal defense case on our son's behalf. We had spoken to other attorneys and even initially retained one. None of them gave us a glimmer of any kind of hope. ...”

    - Brian
  • “Couldn't have been happier with Mr. Buckmaster and his team. They are truly professional and really make you feel comfortable in times of need and frustration. I would highly recommend Mr. Buckmaster ...”

    - Jordan D.
  • “I made a bad decision and needed to hire an attorney. Mr. Buckmaster and Mr. Cantrell were always honest, attentive, responsive and really helped me through this difficult time. What a great firm ...”

    - E. Hansen
Frequently Asked Questions Get the Answers You Are Looking For

Why Hire B&E?

Here are Six Reasons
  • 35+ Years of Combined Legal Experience
  • Flexible Payment Plans
  • 10.0 Superb Avvo Rating
  • Client-Focused Representation
  • Former State Prosecutor
  • Seasoned Litigators

We're Here For You

Contact Us Today (888) 785-6548
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.