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Florida Postnuptial Agreements: What is a Postnuptial Agreement in Florida?

In some marriages, couples may find that they need to formalize certain terms that could arise in case the marriage ends in divorce, or the death of one party. This is known as a postnuptial agreement.

If you and your spouse are interested in exploring the ways in which a postnuptial agreement could benefit your marriage, our skilled family law attorney in Florida can help you decide whether a postnuptial agreement is right for you.

How Does a Postnuptial Agreement Differ from a Prenuptial Agreement?

A postnuptial agreement can be very similar to a prenuptial agreement in terms of what matters the agreement covers – but a postnuptial agreement is made only after the couple is already married. Postnuptial agreements can work to protect both parties in the marriage, and not just the party who brought the most assets into the marriage.

Judicial Scrutiny Over Postnuptial Agreements

If a postnuptial agreement is not prepared carefully, the court may determine it is invalid, especially since it was prepared after the marriage had already occurred.   For this reason, it is crucial that you work with an experienced and skilled family law attorney who knows how to draw up postnuptial agreements that are more likely to be accepted by the judge, should a divorce ultimately occur.

How Does a Postnuptial Agreement Differ from a Divorce Settlement?

When at least one party decides to file for divorce, any agreement reached by the couple would generally be considered part of the divorce settlement agreement.

Postnuptial agreements are typically appropriate for couples who hope to remain married. While the agreement may deal with matters that would arise post-divorce, a divorce is usually only a possibility for those considering postnuptial agreements.

Common Matters Addressed in Postnuptial Agreements in Florida

Postnuptial agreements can address many matters, and parties are free to draft provisions that are unique to the couple’s specific circumstances – though there is no guarantee the court will approve them. Some of the most common issues addressed in postnuptial agreements include but are not limited to:

  • Spousal and child support;
  • Parenting plans and child custody;
  • Equitable property division;
  • Waiver of spousal rights;
  • “Custody” of pets;
  • Requirement that parties fully disclose all assets;
  • Which assets are considered marital property;
  • College expenses for children;
  • How remarriage or cohabitation may affect spousal support;
  • Insurance and retirement considerations;
  • Who is responsible for which marital debts;
  • How attorneys fees will be paid;
  • What happens to a shared mortgage and the equity therein.
  • Rights of the parties in the event one party pre-deceases the other.

Consult an Experienced Postnuptial Agreement Attorney in the Boca Raton Area

No matter your situation or the amount of assets involved in your marriage, our experienced family law attorney who handles postnuptial agreements in the Boca Raton area can work with you to help you understand the pros and cons of obtaining a Florida postnuptial agreement. Reach out to the Law Offices of David L. Hirschberg, P.A. today for assistance.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.702.html

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