Frequently Asked Questions.

David’s Top Ten

Are prenuptial and postnuptial agreements enforceable in Florida?

If both properly prepared and properly signed (executed with all formalities) then yes, a PNA is enforceable if they do not violate the public policy of the State of Florida.

What terms are and are not enforceable in prenuptial and postnuptial agreements?

In general, you can include and enforce the division of assets and debts, alimony, and attorneys’ fees. You cannot include and enforce time sharing for minor children (custody) and child support.

Can you prepare your own prenuptial or postnuptial agreement?

The obvious answer is “yes you can”. But, even with the assistance of PNA forms from the internet or the use of AI, the chances that your self-authored agreement will be enforceable years down life’s road is tremendously reduced. A PNA is one of the most difficult family law legal documents to correctly prepare and even many seasoned practitioners do not prepare them. It is advised that you seek the assistance of an attorney who specializes in and has experience with the preparation of these complex documents.

For how long does a prenuptial or postnuptial agreement remain valid and enforceable?

A PNA can last indefinitely or for a limited time depending upon its terms.

Can you change (modify) or end (terminate) a prenuptial or postnuptial agreement at a later date?

Yes. A PNA can be later terminated by its own terms or by a later signed writing. They can also be modified by a later signed writing.

What are some of the typical scenarios (fact patterns) for which a prenuptial or postnuptial agreement provides protection?

The financial, family, and other personal fact patterns which support the use of a PNA are as varied and diverse as life itself. That said, some of the more typical are marriages which involve one or more of the following:

  • Prior children from prior unions;
  • Significant age differences;
  • Significant wealth and/or income imbalances;
  • The existence of a private business, perhaps having business partners who also desire protection and clarity;
  • Past inheritances and/or anticipated future inheritances;
  • An estate plan that needs to incorporate a PNA to be fully operational.
What Florida statute governs prenuptial and postnuptial agreements (PNA’s)?

PNA’s are largely governed by Florida statute section 61, including section 61.079. However, they are also governed by many Florida appellate court decisions (past contested divorce cases) which define and broaden or restrict the statute, discuss certain fact patterns, and discuss the application of public policy.

Are prenuptial and postnuptial agreements available for LGBTQ marriages?

Yes. In general, if a marriage is legal in Florida, then a PNA can be used and upheld.

Why is a prenuptial or postnuptial agreement often the most important (consequential) document you will ever sign?

An excellent question that should be discussed. The discussion is different for everybody and should be addressed verbally and in detail with some back and forth. That said, here I go. Typically, a PNA addresses one or both issues of what will occur should: 1) your proposed marriage be dissolved or 2) one of you pass while married. One of these two scenarios will occur at some time in the future so the words of your agreement will come into play unless modified or terminated. They are not simply academic. In addition, these agreements help frame a marriage and can provide peace of mind all along the journey even if you live happily ever after. Clients have volunteered that their agreements provide consistency and clarity and eliminate worry and stress, all of which can enhance a marriage. This is particularly evident in marriages which occur later in life, marriages which involve existing children, and marriages which involve significant disparity in financial circumstances. That is a short answer to a sometimes-complicated question.

Are prenuptial and postnuptial agreements appropriate for all marriages?

Probably not. They might not be appropriate for fiancées who are starting their marriage journey early in life, and with no prior children nor prior wealth or expectancies to protect. Most of the prenuptial agreements that I have prepared involve those scenarios which are bullet pointed at the top of this web page. Sometimes the circumstances are so compelling that the otherwise desired marriage might not have taken place without a PNA.

Prenuptial & Postnuptial Agreement Basics

What is a prenuptial agreement?

A prenuptial agreement is a binding contract entered into prior to marriage, but which only becomes effective upon the marriage. The agreement can control certain issues should the marriage be dissolved such as division of net worth, alimony, and responsibility for attorney’s fees. A prenuptial agreement may also contain certain terms which, along with an estate plan, can define what financial arrangements occur upon a death during the marriage.

What is a postnuptial agreement?

A postnuptial agreement is similar to a prenuptial agreement except that it is entered into after the date of the marriage. Their terms and proper preparation vary slightly from a prenuptial agreement.

Who should consider a prenuptial agreement?

Prenuptial agreements are not necessarily appropriate for all marriages. Those types of marriages for which these agreements are typically employed can include one or more of the following general fact patterns:

  • Prior children from prior unions;
  • Significant age differences;
  • Significant wealth and/or income imbalances;
  • The existence of a private business, perhaps having business partners who also desire protection and clarity;
  • Past inheritances and/or anticipated future inheritances;
  • An estate plan that needs to incorporate such an agreement to be fully operational; and
  • A fiancé that has experienced an unpleasant prior divorce.
Is a prenuptial agreement only for wealthy people?

Not necessarily. Our lives can be complicated, and everybody's circumstances are different. There could exist age differences, overspending illnesses, potential future wealth through inheritance, prior children, protection from existing or anticipated debts, and marriages occurring late in life. This could be a long and nuanced list.

What can a prenuptial agreement affect and what can it not control?

In general, in a divorce, a prenuptial agreement can control the division of net worth (assets and liabilities), alimony, and the responsibility for attorney’s fees. A prenuptial agreement typically cannot affect time sharing with minor children (custody and visitation) and child support.

Can a prenuptial agreement address both divorce issues and death (estate planning and probate) issues?

Yes, both. Or just one or the other.

Why is a prenuptial agreement often one of the most important agreements a person will ever sign?

Prenuptial agreements are one of the most important agreements a person will ever sign. They can affect what takes place upon the dissolving of a marriage or upon the death of one party while married. Taken together, one of these scenarios will occur and thus are not hypothetical. The terms of these agreements can remain binding in perpetuity. They can control what does take place in the end as well as control expectations and the relationship itself for many years into the future.

Can a prenuptial agreement provide peace of mind during a marriage?

Yes, they often can. An agreement does not only affect what may or will happen many years into the future. An agreement can also influence the dynamics of a marriage relationship day in and day out. They can also affect behavior. They not only control the expectations and behavior of a partner, but they may also control the expectations and behavior of third parties such as children born outside the marriage. This could be a very long answer.

Asset Protection, Business Interests & Complex Finances

Can a prenuptial agreement protect assets I owned before the marriage?

Yes, prenuptial agreements can and often do protect assets you owned prior to marriage. Some of these premarital assets are offered limited protection under existing Florida law without an agreement but you can significantly strengthen and clarify these protections using a prenuptial agreement. One of the most frequent and consequential areas of protection contained within many prenuptial agreements involve restricting or clarifying the division of net worth (assets and liabilities).

Can a prenuptial agreement protect future income?

Yes, prenuptial agreements can and often do protect future income through the limiting or elimination of alimony or spousal support. In addition, if income producing assets are protected then income is protected. One of the most frequent and consequential areas of protection contained within many prenuptial agreements involve restricting or clarifying future alimony or support obligations.

Can a prenuptial agreement protect a future inheritance or expectancy?

Yes, prenuptial agreements can and often do protect a future inheritance or expectancy. Some of these assets are offered limited protection under existing Florida law without an agreement but you can significantly strengthen and clarify these protections using a prenuptial agreement. One of the most frequent and consequential areas of protection contained within many prenuptial agreements involve restricting or clarifying the division of net worth (assets and liabilities) including those that may be inherited or gifted in the future.

Can a prenuptial agreement protect real estate holdings?

The net worth of many wealthy Florida families frequently includes real estate holdings. A prenuptial agreement can protect these holdings whether owned prior to the marriage or acquire or grown thereafter. This is often very important because it is frequently difficult to pull enough cash out of these investments to pay off a spouse without destroying the investment or having to liquidate (with adverse tax consequences) the entire investment. Such is often the case of dividing illiquid assets in a divorce.

Can a prenuptial agreement protect privately held securities?

Privately held securities that are not traded over the counter can be problematic when dividing net worth in a divorce action. Sometimes their transfer is restricted by agreement (partner agreements) or by law (to accredited investors). Sometimes they are difficult to value. Sometimes partners in the venture only want certain individuals involved. Yes, you can protect privately held securities using a prenuptial agreement.

Can a prenuptial agreement protect me from my future spouse’s debts?

Yes. Some examples of this are student loans, medical debt, and past divorce alimony or support payments. Florida law may already provide some protection, but a prenuptial agreement can provide even more protection. This protection can also apply to some debts accrued during the marriage.

Can a prenuptial agreement protect my business if I get divorced?

Yes, and this is a common request. This can be crucially important. Many small businesses cannot survive if half of their value must be withdrawn in cash or other items of value to meet divorce obligations. This can result in the killing of the goose that lays the golden egg.

Can a prenuptial agreement protect my business partners if I get divorced?

Yes, a prenuptial agreement can sometimes protect other partners of a business. Many small businesses have partners. Requiring one partner to extract sufficient funds to pay for divorce awards can be quite damaging to the business. In addition, partners typically don't want both prior spouses to either invest in or work with the business. The many reasons for this are typically obvious.

Can a prenuptial agreement prevent a former spouse from becoming involved in my business?

Yes, a prenuptial agreement can prevent a former spouse from becoming involved in a business. Any desire in this regard can be put into plain language which is enforceable should the marriage be dissolved. Typically, prior spouses do not make good business partners, even if you both think you can make it work. So says my 40 plus years of experience in resolving marital disputes.

Is knowledge of business and experience in business important when drafting prenuptial agreements?

Absolutely. Just because an attorney went to college, then went to law school, and then began practicing family law does not mean they understand how businesses work. This includes how a small business is fragile and can be quickly wrecked when put under stress. You typically need years of in the trenches and boots on the ground business experience to know how a small business really works. There is no substitute that education and the practice of family law alone can provide.

What types of financial situations make a customized prenuptial agreement especially important?

Successful family portfolios and enterprises can and do very greatly. Some are simple and safe and have been accrued through typical employment and typical retirement type savings. Some depart greatly from this simple mold. The more unique your portfolio or net worth or earnings (your finances) and the more fragile your finances, the more important it is to have a customized prenuptial agreement. That said, all clients deserve and need a customized agreement as opposed to a form document. These are very important agreements, perhaps the most important you will ever sign. You deserve and need a customized quality document. Acting efficiently and inexpensively is often the ultimate false economy.

Family Wealth, Children & Estate Planning

Should I consider a prenuptial agreement if I have children from a prior relationship?

Many people do consider a prenuptial agreement when they or their fiancé have children from a prior union. The terms of the prenuptial agreement can help to ensure that the next generation will share in the bounty of this generation (and perhaps former generations) if that is desired. A prenuptial agreement can also provide certainty and align expectations for all involved. It is sometimes asked, why should the children of the last surviving spouse end up with the lion's share of this generation’s wealth? A well-prepared prenuptial agreement can be used to protect more people than just the marrying couple.

Can a prenuptial agreement protect my children’s inheritance?

Yes, the terms of a prenuptial agreement can affect what happens to net worth upon the either the death or divorce of a spouse. Many estate plans need to be supplemented with a prenuptial or postnuptial agreement. These terms of these agreements can also affect how net worth is spent prior to the death of either spouse. Finally, assets lost in a contested divorce action are no longer available to the next generation.

Can a prenuptial agreement help protect family wealth created by prior generations?

Yes, the terms of a prenuptial agreement can affect what happens to family net worth upon the death or divorce of a spouse. Many estate plans need to be supplemented with a prenuptial or postnuptial agreement. The agreement terms can also affect how net worth is spent prior to the death of either spouse. Finally, assets lost in a contested divorce action are no longer available to the next generation.

Can parents encourage adult children to get a prenuptial agreement?

Yes. I have represented many clients who are engaged to be married and anticipate an inheritance. They sometimes primarily consult with me because their parents have either requested or insisted that they do so to protect what has been grown by other family members’ efforts. A prenuptial agreement can both allay the fears of the parents thus increasing their willingness to give, as well as protect what is later given. A prenuptial agreement also helps align the anticipations and expectations of all involved, all along the way.

Can a prenuptial agreement help protect a family business?

Yes, this is a common concern. Many, even most family businesses cannot afford to be divided with a cash buy out. There simply is not enough liquidity for the business to survive this reconning. It can be even more complicated if there are business partners. Finally, previously married business partners rarely remain viable business partners after the dissolution of their marriage. This subject can be dealt with in a prenuptial agreement.

Can a prenuptial agreement help reduce uncertainty in a second marriage?

Yes. There can be a lot of uncertainty in second and other subsequent marriages. The many potential complexities are too numerous to list much less discuss. However, a thorough consultation with a qualified attorney who has been made aware of the relevant surrounding circumstances can address most anticipated areas of uncertainty. Call this the diagnosis phase. This is followed by the crafting of a customized prenuptial agreement that helps to meet the concerns of all involved.

Can a prenuptial agreement work together with an estate plan?

Yes. A prenuptial agreement, and sometimes a postnuptial agreement, often do or even must be part of an estate plan. Depending on your circumstances, your prenuptial agreement attorney may coordinate with your estate planning attorney. One of the most often discussed issues concerns the waiver or modification of the Florida statutes which concern intestate succession claims and spousal forced share claims. A thorough explanation and guidance can be provided once relevant facts are known.

Can a prenuptial agreement address what happens upon death during marriage?

Yes. From a mile high general perspective, a prenuptial agreement can affect both what happens upon divorce and what happens upon death while married, one of which is fated to occur. Sometimes a prenuptial agreement deals with just one of those two issues and sometimes both.

Can a prenuptial agreement waive or modify certain inheritance rights?

Yes. This commonly occurs in second or subsequent marriages, especially when one or both parties have children from a prior union. The client's terms are sometimes contained within both the prenuptial agreement as well as an estate plan. Sometimes both types of documents are needed.

Can a prenuptial agreement help avoid disputes between a surviving spouse and children from a prior marriage?

Yes. Unfortunately, this commonly occurs in second or subsequent marriages after one spouse dies. Sometimes the children of the deceased spouse have interests or claims which are adverse to the surviving spouse who can sometimes be younger than the deceased spouse. Some of these interests and claims can be dealt with in a properly crafted and customized prenuptial agreement. Sometimes these issues are dealt with together in both a prenuptial or postnuptial agreement and a coordinated estate plan.

How can a prenuptial agreement support family wealth continuity?

It is both obvious and of common knowledge that the divorce of a family member can adversely affect family wealth continuity. It is hard to sustain generational wealth when it is unnaturally divided, meaning without a positive business purpose. This should thoroughly be discussed with the attorney preparing an applicable prenuptial agreement or postnuptial agreement. The attorney should have knowledge of much more than just the applicable law of these agreements. They should also understand estate planning as well as have a general knowledge of the type of business models or wealth involved. Many important real-life concepts involved cannot be taught in college nor in law school nor learned in the general practice of family law.

Why do blended families often need more detailed premarital planning?

Blended families are often complex with many different family members having their own expectations, obligations, and perceived entitlements. These expectations, obligations, and perceived entitlements can better be managed with significantly more certainty and clarity using a customized well-crafted prenuptial agreement and then quality estate planning. Creating an appropriate prenuptial agreement under these circumstances requires a lot of back-and-forth information flow, the asking of a lot of questions, and the creation of customized agreements.

Enforceability, Challenges & Layers of Protection

Are prenuptial agreements enforceable under Florida law?

If both properly prepared and properly signed (executed with all necessary formalities) then yes, a prenuptial agreement is enforceable if it does not violate the public policy of the State of Florida.

What steps can help make a prenuptial agreement enforceable?

The prenuptial agreement should be prepared by a qualified and competent attorney who is well versed in the applicable area of the law. The preparation of these agreements should not be left to forms held by a general attorney, forms found on the Internet, nor artificial intelligence. Both parties should be represented by separate counsels. Net worth statements and tax returns should be attached. Then, there are a variety of other assurances that should be employed. See the “Layers of Protection” section of this website for a more detailed list.

What could cause a prenuptial agreement to be overturned?

Some typical Reasons that prenuptial agreements are overturned include fraud, duress, misrepresentation, faulty execution, and violations of public policy. Then, unfortunately, as is often the case even when attorneys are involved, incomplete, unclear, or even conflicting terms.

Do both engaged parties need separate counsel when negotiating and signing a prenuptial agreement?

It is strongly advised that both parties have separate counsel and that one attorney does not ever counsel or give advice to both parties. If one party refuses, then a specific provision should be added which generally states that the hiring of an attorney was adamantly refused even after the refusing party was encouraged to seek an attorney and given the time and recourses to do so. Also, that the one attorney involved did not represent them and did not provide them with any legal or other advice. There is more. But, in summary, this is not the preferred choice.

Why should the other party’s attorney sign the prenuptial agreement?

Two of the several ways that a prenuptial agreement can be attacked include that one side was tricked or didn't understand the terms and that one side was under duress when they signed the agreement. Both forms of attack can be all but eliminated when that party's attorney signs the agreement and states that they reviewed the agreement with their client, the client appears to have understood the terms of the agreement, and that the client did not appear to act under duress. Another obvious benefit is that the party likely cannot successfully argue that they did not sign the document (a forgery).

Is full financial disclosure required when signing a prenuptial agreement?

There is some Florida law that tends to eliminate or reduce the full financial disclosure requirement. In addition, agreements can contain terms which eliminate this requirement. However, any competent counsel will advise that full disclosure be included irrespective of the foregoing. Not including full financial disclosure is risky business.

Why are net worth statements often attached to a prenuptial agreement?

Attaching an accurate net worth statement which lists one's assets and liabilities helps to eliminate the defense that full disclosure was not provided. It is listed in the document. A potential secondary benefit is that listing one's net worth shows that certain assets and liabilities were premarital. It is advisable that agreements contain net worth statements.

Why should recent tax returns be attached to a prenuptial agreement?

Attaching income tax returns for the two prior years, or at least the first two or three pages of each tax return with the statement that the remainder was provided, helps to eliminate the defense that full financial disclosure was not provided. It is advisable that agreements attach or reference the exchange of income tax returns. If a tax return does not show all earned benefits, which some correctly and some incorrectly do not, this can be delt with using proper wording.

How much time should there be between the signing of a prenuptial agreement and the wedding?

This depends. The concept here is one of duress. First providing a prenuptial agreement soon before a wedding after many guests have planned to attend with the threat that the wedding will be canceled can sometimes constitute duress. One must assess all the surrounding circumstances such as how large the wedding will be, how complicated are the net worths involved, for how long have the parties been negotiating the agreement before it was signed, and the like, before a reasonable time frame can be determined. Somewhere between six weeks and two weeks is a fair approximation depending upon all the surrounding circumstances. In addition, a written provision can be added which might reduce any risk. If the problem cannot be adequately delt with then the married couple can sign a short reaffirmation document soon after the wedding which reaffirms their previously signed agreement.

Can a prenuptial agreement still apply and be enforceable if the parties reside outside of the State of Florida?

Yes, but care must be used. We live in a transient society. Prenuptial agreements are creatures of state laws and state courts and thus two different states can have different laws which affect their validity and enforceability. No attorney knows the law of every state and most only adequately know the law of their state. As such, a provision is needed dealing with potential relocation stating that the laws of the State of Florida will always be used when construing and enforcing the prenuptial agreement. Then there are other countries to which parties might relocate. This could be a long discussion. For more answers see the “layers of protection” section of this website.

What is a severability provision in a prenuptial agreement?

A severability provision generally states that if a term of the prenuptial agreement is unenforceable that the remainder of the agreement will continue to be enforceable. You want to avoid the trap where if a complaining party can invalidate one particular provision, then they can argue that the entire agreement must fail. This is a known legal argument. Care must be used when crafting severability provisions. Again, a longer discussion.

What is a bifurcation provision in a prenuptial agreement?

Historically if a party objected to the validity of a prenuptial agreement the court would often allow or require the full divorce case to be concluded before determining the prenuptial agreement’s validity and enforceability. This can be expensive, stressful, risky and an invasion of privacy. Parties sometimes used this tactic to extract more than they would otherwise receive under the terms of their agreement. Florida law now allows for the bifurcation of a divorce case which involves a prenuptial agreement. Prenuptial agreements should contain a bifurcation clause. This allows or even requires the court to separate the issues in a divorce case. The issue of the validity and enforceability of the agreement is separated and determined first before the remainder of the case is considered. Even “discovery” (the exchange of documents and information) is limited. If the prenuptial agreement is found to be valid and enforceable, the remainder of the case may become very simple.

Why might a prenuptial agreement contain an attorney’s fee provision penalizing a losing challenger if the agreement is challenged?

The inclusion of an attorney's fee provision requiring that a party who unsuccessfully challenges a prenuptial agreement to pay the other parties’ attorney’s fees can discourage a party from making unwarranted challenges. This, along with a “bifurcation” provision will have a significant chilling effect on unwarranted challenges, particularly those which have the primary objective of extracting additional benefits not provided in the prenuptial agreement.

Why are prenuptial agreement signing formalities so important?

It is very important to observe multiple formalities when signing a prenuptial agreement. This includes initialing every page, fully signing several of the pages, using two witnesses and a notary, having all pages numbered, and having both attorneys also sign the document. If you cannot substantiate the reasonably full and proper signing of a prenuptial agreement, then the document might not be admissible into evidence and might not be enforceable. In addition, you want to avoid a party successfully asserting that they did not sign the agreement when they did sign the agreement. Yes, I have seen this.

What is a sunset provision in a prenuptial agreement?

A sunset provision provides that all or parts of a prenuptial agreement only remain binding and enforceable for a stated period of time. As an example, it can be agreed in a sunset provision that if the parties remain married for 10 years, then parts of or the entire agreement becomes null and void. Without a sunset provision, a prenuptial agreement will typically remain binding and enforceable in perpetuity.

Can a prenuptial agreement simplify a divorce even if it is challenged?

A prenuptial agreement typically significantly simplifies a divorce case, even if it is challenged. This is partly because a properly prepared prenuptial agreement can require a court to bifurcate the divorce proceeding. This means that the court can first take up the single issue of the validity and enforceability of the prenuptial agreement before considering any of the other issues within the divorce. Even “discovery” (the exchange of financial and other information) can be stayed (delayed) until this first issue is resolved by the court. If the prenuptial agreement is found to be binding and enforceable then the remainder of the divorce case can typically be quickly concluded.

Working with David Anton

Why choose David Anton to prepare a prenuptial agreement or postnuptial agreement?

DAVID HAS: 1) OVER 40 YEARS OF LOCAL FAMILY LAW EXPERIENCE, 2) OVER 35 YEARS OF PRENUPTIAL AGREEMENT EXPERIENCE, 3) BUSINESS COLLEGE AS WELL AS LAW SCHOOL DEGREES, 4) NEARLY 40 YEARS OF “BOOTS ON THE GROUND” EXPERIENCE IN OPERATING MULTIPLE SUCCESSFUL BUSINESSES, 5) REAL ESTATE DEVELOPMENT AND MANAGEMENT EXPERIENCE, 6) SECURITIES EXPERIENCE, 7) AND THE AVAILABLE TIME YOU NEED AND DESERVE TO PREPARE YOUR IMPORTANT AGREEMENT.

What does it mean that prenuptial agreements and postnuptial agreements are all that David Anton does?

AFTER PRACTICING FAMILY LAW LOCALLY FOR OVER 40 YEARS, INCLUDING PRENUPTIAL AND POSTNUPTIAL AGREEMENT WORK FOR OVER 35 YEARS, DAVID ANTON HAS NOW SIMPLIFIED HIS LAW PRACTICE WHEREIN HE FOCUSES EXCLUSIVELY (OR NEAR EXCLUSIVELY) ON THE NEGOTIATION AND PREPARATION OF PRENUPTIAL AND POST NUPTIAL AGREEMENTS.

For how long has David Anton practiced family law in Florida?

SINCE 1985, OR FOR OVER 40 CONTINUOUS YARS OF LOCAL PRACTICE.

For how long has David Anton worked with prenuptial agreements and postnuptial agreements?

SINCE APPROXIMATELY 1990, OR FOR OVER 35 CONTINOUS YEARS.

How many prenuptial agreements and postnuptial agreements has David Anton prepared?

AT LEAST 150, THOUGH PROBABLY MORE.

How does David Anton’s business background help with preparing prenuptial agreements?

TO UNDERSTAND HOW TO BEST PREPARE PRENUPTIAL AGREEMENTS FOR MORE COMPLEX ESTATES SUCH AS THOSE WHICH INCLUDE PRIVATE BUSINESSES (INCLUDING THOSE WITH PARTNERS), REAL ESTATE HOLDINGS, AND COMPLEX PRIVATELY ISSUED EQUITIES, THE ATTORNEY NEEDS TO UNDERSTAND HOW THESE HOLDINGS WORK IN THE REAL WORLD. YOU DON’T LEARN THIS IN SCHOOL NOR DO YOU LEAN THIS THROUGH THE PRIVATE PRACTICE OF FAMILY LAW.

How does David Anton’s real estate background help with preparing prenuptial agreements for clients with real estate holdings?

DAVID ANTON HAS BEEN INVOLVED IN THE DEVELOPMENT AND MANAGEMENT OF REAL ESTATE SINCE 1989. TO UNDERSTAND HOW TO BEST PREPARE PRENUPTIAL AGREEMENTS FOR ESTATES WHICH INCLUDE REAL ESTATE HOLDINGS, THE ATTORNEY NEEDS TO UNDERSTAND HOW THESE HOLDINGS WORK IN REAL LIFE. YOU DON’T LEARN THIS IN SCHOOL NOR DO YOU LEAN THIS THROUGH THE PRIVATE PRACTICE OF FAMILY LAW.

How does David Anton’s background in family law litigation help with preparing prenuptial agreements?

TO UNDERSTAND HOW TO BEST PREPARE PRENUPTIAL AGREEMENTS IT IS IMPORTANT TO UNDERSTAND HOW THE FAMILY LAW COURT SYSTEM WORKS, INCLUDING WITH PRENUPTIAL AGREEMENT CASES. HAVING BEEN INVOLVED IN MANY OF THESE CASES PROVIDES RELEVANT INSITES INTO HOW PRENUPTIAL AGREEMENTS HAVE BEEN TREATED BY COURTS AND BY AGGRESSIVE OPPOSING COUNSEL. YOU DON’T LEARN THIS IN LAW SCHOOL. IT’S BEST TO HAVE REAL LIFE EXPERIENCE IN ADDITION TO AN ACADEMIC BACKGROUND.

How does David Anton’s background in family law mediation help with preparing prenuptial agreements?

DAVID ANTON HAS BEEN A LICENSED FAMILY LAW MEDIATOR OR APPROXIMATELY 25 YEARS. IN ADDITION, HE HAS PARTICIPATED AS AN ATTORNEY REPRESENTING CLIENTS (NOT AS A MEDIATOR) IN HUNDREDS OF MEDIATIONS DURING HIS MORE THAN 40 YEAR FAMILY LAW CARREER. SOME OF THESE MEDIATIONS INCLUDED PRENUPTIAL AGREEMENTS, UNFORTUNATELY INCLUDING SOME POORLY WORDED AND CONFUSING AGREEMENTS. THIS HAS PROVIDED INVALUBLE EXPERIENCE IN KNOWING HOW DIVORCE CASES ARE SETTLED BOTH WITH AND WITHOUT PRENUPTIAL AGREEMENTS. IT HAS ALSO SOMETIMES EXHIBITED HOW DRAFTERS OF POORLY WRITTEN PRENUPTIAL AGREEMENTS MAKE MISTAKES OR LACK CLARITY.

What types of clients are the best fit for David Anton’s practice?

AS HAS BEEN THE CASE FOR MANY YEARS, THIS IS A LOW VOLUME LAW FIRM WHICH PROVIDES A LOT OF PERSONAL ATTENTION. THIS IS A VERY IMPORTANT BUSINESS MODEL FOR THE NEGOTIATION AND CREATION OF PRENUPTIAL AGREEMENTS, ESPECIALLY FOR CLIENT’S WITH COMPLEX HOLDINGS AND/OR COMPLEX FAMILY ARRANGEMENTS. FOR MANY CLIENTS, THIS MAY BE THE MOST IMPORTANT DOCUMENT THEY WILL EVER SIGN.

Does David Anton represent clients for prenuptial agreements throughout the entire State of Florida?

YES. UNLIKE WHEN RETAINING COUNSEL FOR A LAWSUIT, INCLUDING A DIVORCE CASE, FOR THIS SERVICE THERE IS NO SIGNIFICANT BENEFIT OR NEED TO RETAIN COUNSEL CLOSE BY TO WHERE YOU RESIDE.

Can David Anton help with referring attorneys, wealth advisors, and estate planners?

YES. BUT EXPECT TO BE PROVIDED WITH MORE THAN ONE NAME. YOU WILL THEN NEED TO PERSONALLY VET THESE REFERRALS AND BE FREE TO CHOSE ONE OF THEM OR SOMEONE ELSE YOU PREFFER.

What should I bring to my initial consultation with David Anton?

FOR YOUR INITIAL CONSULTATION YOU ONLY NEED A GENERAL UNDERSTANDING OF WHAT YOU OWN, WHAT YOU OWE, AND WHAT YOU EARN. PUT ANOTHER WAY, YOUR NET WORTH AND YOUR NET INCOME.

How does the prenuptial agreement preparation process work when hiring David Anton?

THE TYPICAL PRENUPTIAL AGREEMENT PROCESS PROCEEDS AS FOLLOWS:

FIRST A NOTE: IT IS UNDERSTOOD THAT THIS PROCESS NEEDS TO PROCEED AND BE CONCLUDED AS QUICKLY AND EFFICIENTLY AS IS CONSISTANT WITH YOUR BEST INTERESTS. IN THAT WAY BOTH YOU AND YOUR FIANCE CAN MOVE ON AND ENJOY YOUR HAPPY EVENT.

  1. WE HAVE A SHORT CONFERENCE (USUALLY LASTING BETWEEN 15 AND 30 MINUTES) TO DETERMINE IF WE ARE A GOOD FIT FOR EACH OTHER AND TO DISCUSS COST. TYPICALLY, THERE IS NO CHARGE FOR THIS CONFERENCE.
  2. IF WE WILL PROCEED THEN YOU ARE EMAILED A FEE AGREEMENT AND YOU PAY A RETAINER OR DEPOSIT.
  3. WE HOLD AN IN-DEPTH CONFERENCE WHEREIN WE DISCUSS EVERYTHING THAT IS NEEDED TO PREPARE THE FIRST DRAFT OF YOUR PRENUPTIAL AGREEMENT. THIS IN-DEPTH CONFERENCE TYPICALLY LASTS FOR BETWEEN 1 AND 2 HOURS. THIS IMPORTANT DISCUSSION WILL TAKE AS LONG AS IS NEEDED.
  4. YOU ARE SENT THE FIRST DRAFT OF YOUR PRENUPTIAL AGREEMENT AND NET WORTH STATEMENT. AFTER YOU CAREFULLY REVIEW THIS DRAFT, WE SCHEDULE ANOTHER CONFERENCE WHERE WE DISCUSS THE DRAFT IN DETAIL. ALL OF YOUR QUESTIONS ARE FULLY ADDRESSED. IF CHANGES ARE NEEDED THEN THEY ARE MADE AND THE SECOND DRAFT IS SENT. ANOTHER CONFERENCE IS HELD IF NEEDED.
  5. WHEN THE AGREEMENT IS TO YOUR LIKING ONLY THEN IS IT FIRST SENT TO YOUR FIANCE OR THEIR ATTORNEY.
  6. AFTER THAT IT DEPENDS ON THE RESPONSE.

NOTE: A DIFFERENT LOGICAL PROCESS IS TYPICALLY EMPLOYED IF WE WILL BE REVIEWING A PRENUPTIAL AGREEMENT PREPARED BY ANOTHER ATTORNEY.

Can the prenuptial agreement preparation process be handled quickly and efficiently?

YES, THOUGH THAT PARTLY DEPENDS UPON ALL WHO ARE INVOLVED. IT IS UNDERSTOOD THAT THIS PROCESS NEEDS TO PROCEED AND BE CONCLUDED AS QUICKLY AND EFFICIENTLY AS IS CONSISTANT WITH YOUR BEST INTERESTS. IN THAT WAY BOTH YOU AND YOUR FIANCE CAN MOVE ON AND ENJOY YOUR HAPPY EVENT.

How do I know if David Anton is the right fit to work on my prenuptial agreement?

THE INITIAL TYPICALLY COST-FREE CONFERENCE IS THE PLACE TO FIND OUT IF WE ARE A GOOD FIT FOR EACH OTHER. DAVID ANTON IS A PRENUPTIAL AGREEMENT SPECIALIST. AFTER OVER 40 YEARS OF PRACTICING FAMILY LAW, THAT IS ALL HE NOW DOES. HIS LAW PRACTICE PRIORITIZES PERSONAL SERVICE AND ATTENTION TO DETAIL. THIS IS NOT A FAST-FOOD TYPE PRACTICE OF LAW. THIS BUSINESS MODEL SUITS THE NEEDS OF MOST CLIENT’S BUT PARTICULARLY THOSE WHO HAVE COMPLEX FINANCIAL ESTATES OR COMPLEX FALILY ARRANGEMENTS.

The Conversation You Can't Afford to Avoid

Let David Anton guide you through the most important legal document you may ever sign. Important because every marriage ends due to a death or divorce.