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Florida Postnuptial Agreement Attorneys
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Although premarital agreements have been around for quite some time, postnuptial agreements are a relatively new phenomenon. The two agreements have some similarities and differences; the most apparent difference is reflected in their names. While a premarital agreement occurs before a couple marries, a postnuptial agreement transpires after the parties have entered into matrimony.
Postnuptial agreements are a nuanced area of family law. In order to ensure any postnuptial agreement that you enter into is comprehensive and enforceable, it is always in your best interest to consult an attorney who is knowledgeable in this area. At Winthrop Law Offices, P.A., our Florida postnuptial agreement attorneys are well-versed in these types of contracts and take pride in their ability to prepare agreements that leave their clients feeling understood and protected.
Reasons to Enter Into A Postnuptial Agreement in Florida
Our experience has shown while there are many reasons people contemplate postnuptial agreements, some of the most common include:
- To prevent arguments over finances and the responsibility of each spouse in paying bills, saving, and any other financial matters that may arise.
- When either or both spouses bring a child from a previous relationship into the marriage, a postnuptial agreement may be needed to protect the inheritance of those children, even though there are some existing safeguards under Florida’s equitable distribution laws.
- When one spouse acquires a financial windfall, such as an unexpected inheritance or lottery winnings, a postnuptial agreement can be effective in establishing guidelines and protecting the newly acquired funds.
- It is common for one spouse to stop working outside the home and stay home to care for any children born of the marriage. A postnuptial agreement can make certain the spouse who becomes a homemaker is financially taken care of if the parties divorce.
Reasons A Postnuptial Agreement May Not Be Enforced
In the event one spouse later contests the validity of the postnuptial contract, there are reasons that a court will not enforce a postnuptial agreement. These include:
- Improperly Entered Into: Both parties must have entered into the contract without fraud, conceit, coercion, or trickery. The agreement must also be in writing and signed by both parties.
- Inaccurate Disclosure of Financial Information: An inaccurate and incomplete disclosure of financial information may lead to the contract being deemed unenforceable.
- Lack of Consideration: In Florida, for any contract to be considered valid, there must be some type of “consideration.” Each party must give up something of value that induces the other party to enter into the contract for the contract to be considered binding, and what they give up is the “consideration.” In a prenuptial agreement, the consideration is entering into the marriage itself. A postnuptial agreement can be mutual promises that each party will surrender their right to an interest in something, such as spousal support with certain limitations.
For Peace of Mind In Your Marriage, Contact Our Florida Postnuptial Agreement Attorneys
If you and your spouse feel that you would like to experience the peace of mind a postnuptial agreement brings to a marriage, contact our firm today. We are astute professionals who understand your desire to protect your family and your finances and work closely with you to develop a comprehensive plan that accurately reaches your goals.
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