Most people are aware they can enter into agreements before they get married. Prenuptial contracts can protect individual spouses in the event of a death, separation, or divorce, but many people do not know they can also enter into similar agreements after a marriage has occurred. This is called a postnuptial agreement.

If you are thinking about entering a marital contract with your spouse, you need to have a legal representative by your side who will look out for your interests. A Pembroke Pines postnuptial agreements lawyer can talk with you about your next steps.

Understanding Postnuptial Agreements

Postnuptial agreements are contracts that couples sign after they are already married. These agreements are legally binding contracts that outline how the couple’s assets and debts would be divided if they decide to separate or divorce. These contracts can specifically address the division of all the property they acquired both before and after marriage. If the couple has significant pre-marriage or post-marriage debt, a postnup can explain how that liability would be handled and who would take it on. It is also possible to address potential alimony in these contracts.

What Cannot be Included?

Couples cannot address issues relating to children in their postnuptial agreements, even if their children are already born when they write it. They cannot decide on who would have primary custody of the kids or address child support payments. A Judge would later decide these issues by looking at what is in the best interests of the children at that time.

To be valid, postnups need to follow certain procedural requirements. Pembroke Pines attorneys understand the relevant laws and can draft a postnuptial agreement that looks out for a person’s best interests.

Who Benefits from a Postnuptial Contract?

Postnuptial agreements can protect people in many different situations. If someone suddenly gets a windfall of cash, like from an unexpected inheritance, they might want to protect their rights to that money in the event of a divorce. On the other hand, if one spouse suddenly runs up a great deal of liability, such as from a gambling debt, the other spouse might want to be protected.

If a couple watches their friends go through an intense divorce, they might want to enter into an agreement of their own to prevent that situation from happening to them.

Couples with Children

A parent who has children from another relationship might write down what they want to leave to their new spouse and children in the event they pass away unexpectedly.

Sometimes, a couple agrees that one spouse will stop working to raise their kids. If they later get divorced, the spouse who stayed home might find it hard to reenter the workforce. A postnuptial agreement could clarify that the spouse raising the children would get a certain amount of money if they split up.

The advice of a postnuptial contract lawyer in Pembroke Pines can be extremely helpful in preventing difficult discussions later.

Talk to a Pembroke Pines Postnuptial Agreement Attorney Today

As a married couple, you likely do not want to think about getting a divorce. Postnuptial agreements are not for people who are considering an imminent divorce; they are intended to help you determine where certain assets would go in the event it occurs. Having a postnup that clearly explains where everything would go can provide couples with a sense of security and peace of mind. The Florida Probate & Family Law Firm can help with that.

Even if you never use your postnuptial agreement, it can be a valuable tool to protect your interests. Talk to a Pembroke Pines postnuptial agreements lawyer today to get more information during a free case evaluation.