Miami-Dade Prenup Lawyers

Assisting Clients with Pre-Marital/Antenuptial Agreements in Miami-Dade County, FL

Are you considering signing a prenup, also known as a pre-marital or antenuptial agreement? You should know your rights and understand the impact of what you are signing. Act quickly if your wedding date is approaching.

The Miami-Dade prenuptial agreement attorneys at Orshan, Spann & Fernandez-Mesa can help you protect your financial interests before you get married. Contact us online or call (305) 853-9161 today!

What Is a Prenuptial Agreement?

Often called a prenuptial or pre-marital agreement, an antenuptial agreement sets clear expectations for both individuals as they begin their marriage and protects each one if a divorce occurs. These agreements can also establish terms if one of the parties passes away.

Prenuptial agreements can address asset distribution as well as spousal support terms, investments, and the division of retirement accounts. By settling these details in advance, couples can avoid misunderstandings and ensure clarity for each partner. This agreement acts as a guide for financial arrangements that align with both individuals’ wishes.

When thoughtfully crafted, antenuptial agreements can prove valuable in many scenarios. A one-sided or hastily prepared prenup, however, can work against you or result in litigation in the future.

Key Benefits of a Prenuptial Agreement

A well-drafted prenuptial agreement clarifies which assets will remain individual (separate property) and which will become marital property after marriage.

If you bring your own home, business, or inheritance to the marriage, a prenup can protect these assets if the marriage ends. This agreement prevents such property from being divided as “marital property.”

Many people entering a second or later marriage use premarital agreements to protect their own assets and safeguard inheritance rights for children from previous relationships.

Prenuptial agreements can also set clear expectations for managing shared debts, paying educational costs, and handling certain marital responsibilities. By outlining everyone’s obligations, couples lower tension and build a stronger basis for open communication during marriage.

Drafting a prenuptial agreement in Miami means paying close attention to state laws and our area’s unique context. Spouses can address property they owned before marriage, real estate in South Florida, and complex family situations such as business interests in other states or countries. By consulting with attorneys who understand Miami-Dade cases, parties can create an agreement that takes future financial growth into account and supports peace of mind. These proactive steps help prevent confusion and create open discussions about money and goals.

Consequences of Not Having a Prenuptial Agreement

Without a prenuptial agreement, the division of assets and debts during a divorce relies on state law, which may not reflect your wishes. In Florida, equitable distribution means courts divide marital assets fairly, but not always equally, which may lead to conflict and long negotiations.

Without a prenup, spousal support decisions fall to the court, which considers the length of the marriage and each spouse's needs. You may face unpredictable outcomes if you don’t set terms in advance.

Personal assets brought into a marriage—like inheritances, family businesses, or property bought before the wedding—may not stay protected if you lack a prenuptial agreement. These may be treated as marital property in divorce proceedings.

Couples who want to avoid conflict and protect their finances often choose to sign a prenuptial agreement. This document acts as a legal safety net, bringing clarity and security around assets and obligations. For more details, speak with a qualified prenuptial agreement lawyer who can address your concerns and help you review your unique situation.

How the Prenuptial Agreement Process Works in Miami-Dade

Starting a prenuptial agreement in Miami-Dade involves a thoughtful process tailored to local expectations and Florida law. Couples first meet to discuss their priorities, including which assets or debts they want to address. Our attorneys guide conversations around financial disclosure, separate property, and expectations for the agreement. We then prepare a first draft, so both parties can review and suggest changes before the document is finalized.

Transparency and detailed communication matter during the Miami-Dade process. Both parties must fully disclose their finances and sign voluntarily for the agreement to hold up in court. By moving through each step openly, couples lay the foundation for a valid legal document. Following these steps not only aligns with the region’s requirements but also ensures the agreement meets Florida’s enforceability standards.

Timeline & Cost Considerations for Prenuptial Agreements in Miami

Drafting and negotiating a prenuptial agreement in Miami usually takes several weeks, but factors like complex finances or business interests may extend the timeline. Couples with international assets, multiple properties, or detailed estate plans should start early—ideally months before the wedding—to leave time for negotiation and revisions. Allowing enough time reduces the risk of mistakes and helps ensure enforceability under Florida law.

Costs for prenuptial agreements in Miami vary based on the document’s complexity, the detail involved in financial disclosures, and the time spent negotiating terms. South Florida’s mix of multi-property estates and cross-border arrangements may affect both the time and cost involved. If you discuss your details and goals with your attorney at the outset, your process will be more efficient. Our team’s experience with Miami-Dade family law helps keep the process clear and prompt.

Because of the length of the process, you should start the process as early as possible before the wedding date. This gives you and your attorney the opportunity to properly safeguard your interests. Call (305) 853-9161 or contact us online!