If you are married but recently discovered your spouse’s finances are not what you thought, or you believe you may need spousal support if you decide to divorce, consider adopting a postnuptial agreement.
Like a prenuptial agreement before a wedding, a postnuptial agreement adopted after marriage helps resolve contentious issues when couples part. If you and your spouse decide you want control over certain assets that could be disputed later, our knowledgeable marriage contract attorneys can safeguard your future now. Get connected to a Florida postnuptial agreement lawyer today.
Florida’s Grounds for Divorce
Florida permits divorce on two grounds: the marriage is irretrievably broken, also referred to as irreconcilable differences or one spouse has become mentally incapacitated for at least three years before the filing.
Most Florida divorce filings cite the cause as irretrievably broken. This means the spouses believe they cannot fix the relationship because of reasons that do not need to be disclosed, including:
- Different financial management styles;
- Incompatibility over time;
- Infidelity;
- Substance abuse;
- Domestic violence.
However, divorce is highly emotional and can lead to questions concerning alimony, marital property division, and child custody. Because of these intricacies, married couples should consult a postnuptial agreement attorney in Florida who can provide solid legal counsel.
Defining Postnuptial Agreements
Postnuptial agreements are contracts based on consideration, in which the spouses bargain for and agree to give up something of value in exchange for something else. These agreements must be in writing and signed. In addition, Florida requires full financial disclosure from both parties and time to review the agreement and financial statements provided.
Spouses have broad leeway regarding what they bargain for, including alimony, custody, child support, and the disposition of assets. Florida is an equitable distribution state; if the parties do not decide how marital assets will be divided, a Family Court Judge will determine how much alimony to grant and how assets will be distributed. The judge can also void the agreement if it was not properly drafted or executed.
Reasons to Set Aside a Postnuptial Agreement
If a judge is presented with a postnuptial agreement that both parties signed, but one spouse is contesting its validity, the judge can overturn it if it is deemed unreasonable. The court could set the agreement aside after reviewing the spouses’ ages, education, financial position, and health. Other reasons a postnuptial agreement could be set aside include:
- Fraud or misrepresentation, when one spouse lies about or conceals information regarding debts, assets, or any material fact;
- Involuntary or coerced signature, when a spouse signs the agreement after being pressured or bribed;
- Duress, when one spouse signs the agreement after being threatened with acts of violence;
- Failure to fully and fairly disclose all financial assets;
- Overreaching, when one spouse takes advantage of the other, forcing their cooperation using unconscionable conduct that shocks an observer.
There is a high likelihood that someone nefarious enough to engage in fraud, coercion, lying, or overreaching will end up in divorce court. A postnuptial agreement lawyer in Florida can draft a document meeting the court’s standards. They can also review a client’s existing document they have been given to sign.
Call a Florida Postnuptial Agreement Attorney Today
All married Floridians should think practically. Divorce is a possibility and could happen to anyone under certain circumstances. If you marry and want to be sure any future divorce settlement is fair, The Florida Probate & Family Law Firm is available to protect your family.
Let our Florida postnuptial agreement lawyers think ahead and fairly allocate your assets if that time comes. Call today for a free case evaluation and learn how our reliable family attorneys can help you achieve the most beneficial outcome through a post-marital contract.