Postnuptial Agreements
A postnuptial agreement is a legal contract between spouses that outlines the division of finances in the event of a dissolution of marriage. A married couple can decide to sign a postnuptial agreement at any point during their marriage. There is no cause of action for legal separation in Florida, so these agreements are useful for couples who have decided to live separate and apart but do not wish to dissolve their marriage.
What Is A Postnuptial Agreement?
A postnuptial agreement is essentially an agreement that both spouses enter into after getting married, addressing important matters such as property ownership and alimony. In order to be validly entered into, a postnuptial agreement requires full financial disclosure by both parties, which each must acknowledge having received from the other party. The agreement must also not be a result of fraud, duress, coercion, misrepresentation or overreaching. Additionally, the agreement cannot be fundamentally unfair to either party. If any of these circumstances are present, it is possible that the court will refuse to enforce the postnuptial agreement.
What Can Be Included In A Postnuptial Agreement
Postnuptial agreements can encompass various elements, such as: Allocation of specific assets Determination of ownership for particular debts Authorization for the use of designated properties Categorization of assets or debts as either marital or separate property It’s important to note that both premarital and postnuptial agreements cannot include provisions that waive child support or diminish the amount of support a child is entitled to receive.
Contact Raymond S. Grimm Esq.P.A. Today
Whether you’ve come into a financial windfall, your perspective on prenuptial agreements has shifted since marriage, or you simply want to ensure the well-being of your children from a previous marriage in the event of your passing, a postnuptial agreement may be the right choice for you and your spouse.
For expert legal assistance with postnuptial agreements, contact Raymond S. Grimm Esq.P.A. today at (941) 423-7897 or fill out our online consultation form.
