Post-Nuptial Agreements in Florida

Florida Post-Nuptial Agreements

In Florida, a post-nuptial agreement is a legal contract between spouses that is signed after marriage. Similar to prenuptial agreements, post-nuptial agreements outline the couple’s rights and responsibilities in the event of a divorce or separation.

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Post-nuptial agreements, sometimes called marital agreements, cover a variety of issues, including the division of property and assets, spousal support or alimony, child custody and support, and other financial matters. They often also include provisions for how property acquired during the marriage will be divided, as well as any debts incurred by either spouse.

Prenup vs. Postnup Agreements

The main difference between prenuptial and post-nuptial agreements is that prenuptial agreements are signed before the marriage takes place, while post-nuptial agreements are signed after the marriage. In some cases, a post-nuptial agreement may be necessary if a couple did not have time to create a prenuptial agreement before the wedding.

Post-nuptial agreements can be beneficial for couples who want to protect their assets and finances in the event of a divorce or separation. They can also help couples to resolve potential issues before they become bigger problems in the future. However, it’s important to note that post-nuptial agreements may not be enforceable in all jurisdictions, and couples should consult with an experienced family law attorney to ensure that their agreement is valid and legally binding.

The Enforceability of Post-Nuptial Agreements

To be enforceable in Florida, a post-nuptial agreement must meet certain requirements:

It must be in writing and signed by both parties.
Each spouse must provide full and fair disclosure of their assets and liabilities before signing the agreement.
The agreement must be entered into voluntarily and without coercion or duress.

In addition, the agreement must not be unconscionable, meaning that it cannot be so one-sided as to be fundamentally unfair to one spouse. If a court finds that a post-nuptial agreement is unconscionable or that it was signed under duress, it may refuse to enforce the agreement.

It’s important to note that a post-nuptial agreement cannot be used to resolve issues related to child custody or child support. These matters are always subject to the court’s review and are determined based on the best interests of the child.

Need a post-nuptial agreement in Florida? Doing it yourself is risky.

If you are considering a post-nuptial agreement in Orlando, Florida, it’s highly recommended you consult with an experienced family law attorney who can help you draft an agreement that meets all the legal requirements and protects your rights and interests.