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tina.lewert@lewertlaw.com

301 Yamato Rd #4110, Boca Raton, FL 33431, United States

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Boca Raton Divorce Lawyer and Family Attorney

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Board Certified Boca Raton Prenuptial Agreement Lawyer

A prenuptial agreement is a practical way to protect what each of you brings to a marriage. Tina L. Lewert, a Boca Raton prenuptial agreement lawyer who is Board Certified by The Florida Bar, drafts, reviews, and enforces prenuptial and postnuptial agreements.

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How a Boca Raton Prenuptial Agreement Lawyer Can Help

Very few people planning to wed expect to end up in divorce court, and a prenuptial agreement is not a prediction that you will. It is a clear, practical decision to protect your assets and set expectations, much like buying insurance or preparing a will. A well-drafted agreement can spare a couple a lengthy and costly dispute later, and it can bring real peace of mind now.

A prenuptial agreement is a legally binding contract between two people who are planning to marry. It sets out each partner’s rights and obligations during the marriage and what will happen if the marriage ends. As a prenuptial agreement lawyer Boca Raton couples rely on, Tina L. Lewert helps you put a sound, enforceable agreement in place, whether you are protecting premarital assets, a business, an inheritance, or children from a prior relationship.

Because Tina L. Lewert is also a Florida Supreme Court Certified Family Law Mediator, a credential distinct from her board certification as an attorney, she brings both a negotiator’s and a trial lawyer’s perspective to these agreements.

Boca Raton Prenuptial Agreement Lawyer
Boca Raton Prenuptial Agreement Lawyer

Tina Lewert

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What a Prenuptial Agreement Can and Cannot Do in Florida

Florida prenuptial agreements are governed by Section 61.079 of the Florida Statutes, the state’s version of the Uniform Premarital Agreement Act. Under that law, a premarital agreement must be in writing and signed by both parties, and it becomes effective when you marry. No separate payment or consideration is required beyond the marriage itself.

A prenuptial agreement can address a wide range of financial matters, including:

  • The rights and obligations each of you has in any property, whenever and however acquired
  • How property is divided on divorce, separation, or the death of a spouse
  • The establishment, modification, waiver, or elimination of spousal support, within limits
  • The making of a will or trust to carry out the agreement's terms

There are limits. A prenuptial agreement cannot decide child custody, time-sharing, or child support. Those issues affect the child, not just the spouses, so a Florida court always decides them based on the child’s best interests at the time, regardless of what an agreement says.

Making Sure Your Agreement Holds Up

An agreement is only valuable if it is enforceable. Under Florida law, a premarital agreement can be set aside if the person challenging it proves that they did not sign it voluntarily, that it was the product of fraud, duress, coercion, or overreaching, or that it was unconscionable when signed and they were not given a fair and reasonable disclosure of the other party’s finances and did not waive that disclosure.

Two practical points follow from this. First, timing matters. An agreement signed the day before the wedding can look like coercion to a court, even when it was nothing of the kind. Aim to sign well in advance, ideally weeks before the wedding, not hours. Second, each party should have independent counsel. When both people are separately advised, it is far harder for either to later claim they were pressured or did not understand what they signed. Lewert Law drafts agreements with enforceability in mind from the first draft.

Postnuptial Agreements

A postnuptial agreement covers much of the same ground as a prenuptial agreement, but it is signed after the couple is already married. The same principles of fairness, voluntariness, and financial disclosure apply. As a postnuptial agreement lawyer Boca Raton spouses turn to, Tina L. Lewert helps married couples put these agreements in place when circumstances change, for example after starting a business or receiving an inheritance.

Prenuptial Agreements After 50

Marrying later in life is different from marrying in your twenties. Older couples often bring established assets, retirement savings, and sometimes adult children and prior obligations into a marriage. A prenuptial agreement can clear the air, protect what each person has built, and make sure everyone, including adult children from earlier relationships, is treated as the couple intends. For many couples marrying after 50, that conversation is less awkward than it sounds and often a relief.

  • Board Certified Specialist, Marital and Family Law, by The Florida Bar, 2009 to present
  • Nationally Board Certified in Family Trial Law by the National Board of Trial Advocacy
  • U.S. News "Best Lawyers" 2023 to 2026, Family Law and Family Law Mediation
  • Super Lawyers Magazine's "Top Attorneys in Florida" 2013 to 2025

Why Work With a Board Certified Boca Raton Prenuptial Agreement Lawyer

A prenuptial or postnuptial agreement is only as good as its drafting, which is where focused experience matters. Working with a board-certified specialist means your agreement is handled by someone whose focus and experience in marital and family law have been formally recognized by The Florida Bar. Because Lewert Law keeps a deliberately limited caseload, the attorney you meet is the attorney who handles your matter.

That certified focus has been recognized by The Florida Bar and the wider legal profession:

  • Board Certified Specialist, Marital and Family Law, by The Florida Bar, 2009 to present
  • Nationally Board Certified in Family Trial Law by the National Board of Trial Advocacy
  • U.S. News "Best Lawyers" 2023 to 2026, Family Law and Family Law Mediation
  • Super Lawyers Magazine's "Top Attorneys in Florida" 2013 to 2025

Serving Boca Raton and South Florida

Lewert Law is based in Boca Raton and prepares prenuptial and postnuptial agreements for clients throughout Palm Beach County and Broward County, including Delray Beach, Boynton Beach, Lake Worth, Highland Beach, West Palm Beach, Palm Beach Gardens, Deerfield Beach, Pompano Beach, Coral Springs, and Parkland. As a Boca Raton family law attorney focused exclusively on marital and family law, Tina L. Lewert helps couples plan with confidence before and during marriage.

Frequently Asked Questions

Is a prenuptial agreement enforceable in Florida?

Yes, when it is done correctly. Florida law, under Section 61.079, recognizes premarital agreements that are in writing, signed by both parties, and entered into voluntarily. An agreement can be challenged if it was signed involuntarily, resulted from fraud, duress, coercion, or overreaching, or was unconscionable when signed without fair financial disclosure. Careful drafting and timing are what make an agreement hold up.

What can a prenuptial agreement cover?

It can address property rights, how assets and debts are divided on divorce or death, and spousal support, within legal limits. It cannot decide child custody, time-sharing, or child support, because a Florida court decides those based on the child's best interests when the issue arises, regardless of what an agreement says.

What is a postnuptial agreement, and how is it different?

A post nup agreement covers the same kinds of financial issues as a prenuptial agreement but is signed after the couple is already married rather than before. The same standards of fairness, voluntariness, and disclosure apply. Couples often consider one after a significant change such as starting a business or receiving an inheritance.

When should we sign a prenuptial agreement?

As early as reasonably possible before the wedding. An agreement signed at the last minute can appear coerced to a court, which can put its enforceability at risk. Signing weeks ahead, with each party represented by their own attorney, helps protect the agreement and both people.

Do both of us need our own lawyers?

It is strongly advisable. Independent counsel for each party helps ensure that neither person can later claim they were pressured or did not understand the agreement, which makes the final document more durable. Lewert Law can draft your agreement or review one your partner has presented.

Is there a prenuptial agreement lawyer near me in Boca Raton?

Yes. Lewert Law is located at 301 Yamato Road, Suite 4110, in Boca Raton, and serves clients throughout the city and the surrounding area. We hold many consultations by Zoom for convenience. To reach a Boca Raton prenuptial agreement lawyer directly, call Lewert Law at (561) 544-6861.

A marital agreement connects to several other areas of family law. You may also want to read about:

Speak With a Boca Raton Prenuptial Agreement Lawyer

A well-drafted agreement protects both of you and lets you enter your marriage with clarity. To talk through a prenuptial or postnuptial agreement with a board-certified Boca Raton prenuptial agreement lawyer, call Lewert Law at (561) 544-6861 or reach out online to schedule a confidential consultation.