Fleming Island Postnuptial Agreement Lawyers

Can I Get a Postnuptial Agreement in Florida?

In Florida, you can create a postnuptial agreement with your spouse to determine how your finances will be handled if you ever decide to get divorced. These contracts are similar to prenuptial agreements, but they are created after a couple gets married.

Postnuptial agreements are also known as “marital agreements” or “postmarital agreements.” Like a prenuptial agreement, a postnuptial agreement spells out how assets and debts will be divided in the event of a divorce. The agreement can also address issues of alimony and may determine how property will be distributed in the event of a death.

Are you and your spouse interested in creating a postnuptial agreement? Call our Fleming Island postnuptial agreement attorneys at (904) 479-2391 to learn more about the process.

Why Do Couples Get Postnuptial Agreements?

There are several reasons why a married couple might want to create a postnuptial agreement. One of the most common reasons is that the couple forgot to create a prenuptial agreement before they got married.

Other reasons why a couple might want to create a postnuptial agreement include:

• One spouse has recently come into a significant amount of money
• One spouse has received a significant promotion at work
• One spouse has quit his or her job to take care of the children
• One spouse has started a new business
• The couple has recently purchased a new home or other property
• One spouse has recently inherited a large sum of money

Postnuptial agreements can also be used to protect the interests of a spouse who has been unfaithful or who has a substance abuse problem.

Florida Postnuptial Agreement Requirements

There are several requirements that must be met for a postnuptial agreement to be considered valid in Florida.

First, the agreement must be in writing and must be signed by both spouses. The agreement must also be notarized.

Second, each spouse must have an opportunity to consult with an attorney before signing the agreement. While it is not required that each spouse actually hire an attorney, it is highly recommended. An attorney can help a spouse understand exactly what he or she is agreeing to and can help protect the spouse's interests.

Finally, the agreement must be “voluntary.” This means that the agreement cannot be signed under duress or as a result of fraud. There must be no evidence of coercion.

Are Postnuptial Agreements Enforceable in Florida?

Postnuptial agreements are generally enforceable in Florida. However, there are certain conditions that must be met for a postnuptial agreement to be considered valid.

If a postnuptial agreement is deemed to be unconscionable, it may not be enforced by a court. An agreement is considered unconscionable if one spouse did not adequately disclose his or her assets to the other spouse or if one spouse did not understand the terms of the agreement when it was signed.

If you would like to create a postnuptial agreement, it is in your best interest to consult with a knowledgeable attorney. At Owenby Law, P.A., we can help you draft an agreement that clearly outlines each party's rights and responsibilities. We can also provide you with the legal guidance you need to ensure your agreement is considered valid by a court.

What Does a Postnuptial Agreement Cover?

Like a prenuptial agreement, a postnuptial agreement can cover a wide range of financial issues. These agreements can be as simple or as complex as you and your spouse want them to be.

A postnuptial agreement can address the following issues:

• How assets and debts will be divided in the event of a divorce
• Whether one spouse will be required to pay alimony to the other spouse
• How property will be distributed in the event of a death
• How assets will be divided if one spouse has an affair
• How assets will be divided if one spouse develops a drug or alcohol problem
• Who will be responsible for paying the household bills

If you and your spouse are considering creating a postnuptial agreement, we can help you determine what issues should be addressed in the agreement. We can also help you draft an agreement that adequately protects your interests.

What is the Difference Between a Postnuptial Agreement and a Prenuptial Agreement?

There are several differences between a postnuptial agreement and a prenuptial agreement. The main difference is that a prenuptial agreement is created before the couple gets married, while a postnuptial agreement is made after the couple has already tied the knot.

There is no difference in the way these agreements are enforced by a court. Both agreements are considered to be valid and enforceable in Florida. However, there are some requirements that must be met for an agreement to be considered valid.

For example, an agreement is considered to be unconscionable if one spouse does not adequately disclose his or her assets to the other spouse. If an agreement is deemed to be unconscionable, it may not be enforced by a court.

It is also worth noting that a postnuptial agreement can be used to modify or revoke a prenuptial agreement. For example, if a couple created a prenuptial agreement that states that neither spouse will be entitled to alimony in the event of a divorce, they can use a postnuptial agreement to modify the agreement and provide for the payment of alimony.

How to Create a Postnuptial Agreement

Creating a postnuptial agreement is a complex process. If you and your spouse are considering creating an agreement, you should consult with a knowledgeable attorney.

At Owenby Law, P.A., we can help you draft an agreement that clearly outlines each party's rights and responsibilities. We can also provide you with the legal guidance you need to ensure your agreement is considered valid by a court.

Our firm has extensive experience handling a wide range of family law matters, including the drafting of postnuptial agreements. We can help you and your spouse create an agreement that protects your interests.

Get started on your postnuptial agreement in Fleming Island by calling our firm at (904) 479-2391 or submitting an online contact form today.