Florida Postnuptial Agreements
Under Florida Law, spouses may enter into a postnuptial agreement, also called a postmarital agreement, during their marriage. A postnuptial agreement functions similarly to a prenuptial agreement, except it is entered during the marriage. If a postnuptial agreement is properly drafted and executed, with the assistance and advice of counsel on both sides, it is valid and enforceable.
What Do Postnuptials Protect?
A postnuptial agreement can delineate how a married couple’s assets will be divided in the event of a divorce or the death of a spouse. Specifically, a postnuptial agreement can include provisions and terms concerning:
- the ability to define what is your separate property
- the ownership and division of marital (joint) property
- the determination of spousal support, i.e, alimony
- the planning and or separation of one’s estate
- as well as additional marital issues
Courts in Florida will recognize a postnuptial agreement provided it is properly prepared and executed. Along those lines, have a licensed Florida attorney, such as Jack Novak Esq, handle your postnuptial agreement. Take control of your assets.
Do not let the state or the court determine how your assets or your estate will be managed or distributed. Instead, execute a postnuptial agreement and control the outcome of how your assets and estate are divided up.
Why Obtain a Postnuptial Agreement?
Without a prenuptial or postnuptial agreement, Florida Law allows a judge to determine how marital assets can be distributed in divorce. In a divorce action, when a properly prepared and executed postnuptial agreement is in place, the agreement takes precedence, allowing the parties, and not the judge, to delineate how all the assets will be distributed.
There are a number of circumstances wherein a married couple considers a postnuptial agreement. One common circumstance is when a couple wants to obtain a prenuptial agreement before marriage; however, for various reasons, there is insufficient time.
How Do I Ensure My Postnup is Valid?
There are several key considerations regarding the enforceability of postnuptial agreement, including but not limited to:
Several considerations typically govern the enforceability of any single agreement. The main ones include:
- Full and complete disclosure of all assets
- Proper execution of the agreement
- Having an attorney prepare the postnuptial agreement
- Ensuring the agreement is not unconscionable, or utterly unfair, under the law
- Both parties entering the agreement free of duress
It is important to consult with a Florida attorney who has experience drafting and reviewing postnuptial agreements because there is a body of law that controls how these agreements are interpreted – if it is ever challenged in a divorce (or even by the surviving spouse’s estate). Moreover, an attorney can counsel you on the best practices to avoid the technical pitfalls that can befall the inexperienced in this area of law.
What are the Requirements of a Postnuptial Agreement?
In Florida, the postnuptial agreement must meet the following requirements:
- It Must Be in Writing
- Subscribed by the Marital Parties
- Get Notarized (in the presence of witnesses*)
Get A Free Consultation With A Florida Postnuptial Agreement Attorney.
If you are looking for information related to prenuptial agreements instead, click here!