Could A Florida Postnuptial Agreement Benefit You?

While prenuptial agreements are becoming more and more common as a way to protect a couple’s assets when going into a marriage, they are not the only way to safeguard a couple’s financial situation during marriage. Many spouses, for instance, decide to create postnuptial agreements after their marriage has already taken place to help resolve any issues regarding asset division or alimony in the event of divorce.

What are Postnuptial Agreements? 

Postnuptial agreements are very similar to prenuptial contracts, or prenups as they are commonly called, in that they address what will happen to a couple’s property in the event of a divorce or one of the parties’ deaths. Rather than being negotiated prior to a marriage, however, postnuptial agreements are entered into after the marriage has already occurred. These contracts are a good way to address matters that arose during a marriage, like the start of a new business, the acquisition of a new asset, or the creation of an estate plan. Postnuptial agreements can also be used to address spousal support obligations by setting amounts, or even waiving support entirely in exchange for another benefit. It’s important to note, however, that some issues cannot be resolved in postnuptial agreements, including matters related to child custody. It is also unlawful to waive the right to child support in such an agreement.

What is Required to Create a Valid Postnuptial Agreement? 

The same rules apply to postnuptial agreements as are used to create an enforceable prenuptial agreement. Agreements must, for instance, be in writing and signed by both parties. Both spouses must also receive a full disclosure of the other’s financial situation, including a detailed breakdown of their assets and debts. This ensures that each party can make informed decisions regarding what they are relinquishing or gaining by entering into the agreement. Although not technically required under state law, couples are strongly encouraged to obtain separate legal representation when negotiating a postnuptial agreement. Doing so is one of the best ways to refute later claims that an agreement was entered into under duress or as a result of fraud or undue influence.

Speak with a Fort Lauderdale Prenuptial and Postnuptial Agreement Lawyer 

Postnuptial agreements can help protect a couple’s assets if the marriage ends either in divorce or because of one of the parties’ deaths. This is only true, however, when the agreement is fair and legally valid. If you have questions about how a postnuptial agreement could be helpful in your own situation and the steps you’ll need to take to make sure that your agreement is fair and enforceable, you should speak with a lawyer right away, who can ensure that your rights and interests are protected throughout the negotiation process. For help determining whether a postnuptial agreement could benefit you, please call 954-945-7591 and set up a meeting with experienced Florida prenuptial and postnuptial agreement lawyer Sandra Bonfiglio, P.A. today. You can also schedule a meeting with our office by reaching out to us online.

Sources: 

floridabar.org/the-florida-bar-journal/relationship-dissolution-planning-part-1-nuptial-agreements/

flcourts.gov/content/download/862619/file/2023-01%20AAML%20-%20Agreements%20Outline.pdf