Marriage and families are changing, and people’s attitudes about financial responsibility and transparency are changing with them. Couples are becoming more open to the idea of pre-written contracts to formalize their expectations and responsibilities.
Postnuptial agreements are marital contracts suitable to address many issues. Both spouses should have their own attorney review the agreement before signing, as they would with any legally binding contract. A Little Gables postnuptial agreement lawyer can help a spouse refine their goals and draft a contract to meet them, or review a contract the other spouse’s attorney drafted to help negotiate changes.
Understanding What a Postnuptial Contract Can Do
A postnuptial agreement can set forth a couple’s agreements about many topics. A couple with a prenup that requires amendment can replace it with a postnuptial agreement. Couples anticipating divorce can use a postnuptial agreement to designate certain property as separate, divide their marital property, and establish or waive spousal support.
When a spouse or couple is caring for a disabled loved one, they can use a postnuptial agreement to ensure the person continues to receive support if one spouse dies or becomes ill. Couples can also use a postnuptial agreement to protect a spouse from the other’s debts or legal liabilities.
A couple in Little Gables cannot use a postnuptial agreement to decide matters concerning physical and legal custody of children, or child support. Parents must negotiate those matters when they separate, not before, and a judge must review their arrangement to confirm it is in the children’s best interests.
Complying With Legal Requirements
A postnuptial agreement must be written and signed by the parties. Oral marital agreements are not enforceable. Florida Statute § 732.702 requires both parties to make financial disclosures before either can sign the postnup. This rule ensures that each is aware of what they are gaining and losing by signing the agreement. Both spouses must have a reasonable opportunity to have an independent attorney in Little Gables review the postnuptial agreement before they sign.
The contract must be fair and reasonable under the circumstances. If a postnuptial agreement is so one-sided that it is “unconscionable,” meaning it is shockingly unfair, a court might refuse to enforce it.
Working With an Experienced Attorney Is Critical
The best way to ensure a postnuptial agreement meets a spouse’s goals and will be enforceable is to work with a capable family law attorney. A skilled legal professional will listen to the client’s concerns and craft an agreement that responds to them.
Each spouse should have their own attorney representing them. In most cases, one attorney drafts the agreement and the other reviews it and offers suggestions for revision, if necessary. Some couples negotiate with each other before bringing their agreement to a lawyer to be formalized in a contract. Others prefer to have the attorneys negotiate with each other.
Both spouses’ legal rights are protected when they each work with skilled attorneys in Little Gables to finalize a postnuptial contract. The agreement is more likely to be fair and survive a court challenge.
Contact a Little Gables Attorney to Learn About Postnuptial Agreements Today
Postnuptial agreements can be an efficient means of resolving marital issues and preparing for the future. However, they require careful drafting to be effective and enforceable. You should work with an experienced Little Gables postnuptial agreement lawyer to accomplish this. The attorneys at The Florida Probate & Family Law Firm can negotiate, draft, or review a postnuptial agreement, so schedule a free case evaluation today.