Postnuptial agreements are binding contracts between two spouses that address issues in the marriage. A postnuptial agreement can cover any concerns the couple has except for child custody and support, and our marital agreement attorneys are an excellent resource for any questions concerning these matters.
Postnups are more versatile than prenups, but the couple must comply with legal requirements for their contract to be enforceable. Discuss your situation with a Pinecrest postnuptial agreement lawyer who can tell you whether a marital contract will accomplish your and your spouse’s goals.
Postnuptial Agreements Must Meet Legal Requirements
A couple must comply with specific legal formalities when making a postnuptial agreement. The contract needs to be in writing, they each must provide full financial disclosure to the other, and both must review it with an attorney before signing.
Both spouses must enter the contract willingly and without coercion or duress. There must be consideration for the agreement, which means that each spouse must give up something to gain something. However, according to Florida Statute § 61.079, consideration is unnecessary when a postnuptial agreement replaces the couple’s prenuptial. A Pinecrest lawyer can explain the concept of consideration if it is relevant to a specific postnuptial contract.
In addition, a postnuptial is not enforceable if it is unconscionable, meaning it is so one-sided or unfair that it shocks the conscience. If a postnuptial agreement was unconscionable when it was made or at the time a spouse wants to enforce it, a court might invalidate all or part of it.
Purposes of a Post-Marriage Contract
Like a prenuptial agreement, a postnuptial contract can govern property division if the couple divorces. Others might enter a marital contract when their financial lives have significantly changed since they married and wish to formalize how to handle the alterations. For example, if one spouse has accumulated significant debts or legal liabilities, a postnuptial agreement can provide protection for the other person.
A postnuptial agreement can also describe each spouse’s responsibilities toward vulnerable loved ones after the death or incapacity of the other. Couples with disabled children, siblings, or parents often obligate each other to care for those people through this agreement. However, a marital contract cannot address custody or parental decision-making regarding the couple’s minor children. A postnuptial attorney in Pinecrest can provide more information on these matters.
Some couples use a postnuptial agreement as a punishment for spousal misconduct. They might impose a financial penalty on one of the spouses for past wrongdoing or assign one if they commit misconduct in the future.
Benefits of a Postnuptial Agreement
A postnuptial agreement allows the couple complete control over its terms. When both spouses seek independent advice from a capable Pinecrest lawyer, they can sign the marital contract knowing that it represents their ideas about how to handle marriage concerns. Candid discussions and exchanges of information while negotiating a postnuptial agreement can strengthen a marital bond.
Marital contracts can respond to unexpected developments the couple did not anticipate in a prenup. For example, a couple might have waived alimony in a prenup because both parties earned a reasonable income and did not require spousal support. If one later becomes a full-time parent, the couple can make financial arrangements protecting them in case of divorce or the working parent’s death or disability.
In addition, they can save the couple significant money if they later separate. When the couple decides on a fair division of property and considers alimony before filing for divorce, they avoid a lengthy negotiation process and save on legal fees.
Contact a Pinecrest Attorney About Postnuptial Agreements Today
Marital contracts can help solve many issues that might arise in a marriage. A Pinecrest postnuptial agreement lawyer can listen to your goals, draft an agreement, or review an existing one.
The Florida Probate and Family Law Firm offers free case evaluations to people considering postnuptial agreements. Get in touch today to determine whether a marital contract suits you.