In some instances, couples who may not have felt the need for a premarital agreement may determine that a post marital or postnuptial agreement is necessary after the marriage. Such an agreement between spouses following a marriage concerns the rights and the responsibilities of each party should a divorce occur or should one of the spouses die. If you and your spouse feel there is a need for a post marital agreement, contacting an attorney from The Law Place could ensure the process goes smoothly and is legal and binding on both parties. We have a thorough understanding of the laws surrounding Florida post marital agreements as well as the necessary experience and legal skills to assist you in creating the best post marital agreement possible for your individual situation.
Why Execute a Post Marital Agreement?
A Florida post marital agreement is similar in nature to a prenuptial agreement, but is signed after the marriage takes place. This agreement may be created without the anticipation of divorce, although provisions are made in the event of a divorce or death. For couples who anticipate a divorce and desire an amicable distribution of assets, such an agreement may also be created. Florida post marital agreements are usually created with an eye toward avoiding expensive or lengthy legal battles which can occur when a marriage ends or—when children from a prior marriage are part of the mix—when one spouse dies. A post marital agreement can be used as a means of avoiding Florida’s equitable distribution laws should a couple have specific desires regarding how assets should be divided in the event of a divorce. A post marital agreement can address such issues as the following:
• Division and distribution of property, assets and debts, including a business owned by one spouse or a family-owned business in which one spouse is a part of.
• Any promises made between spouses may be detailed in the post marital agreement.
• The manner in which both parties will be supported in the event of a divorce can be detailed in the post marital agreement.
• Issues related to parenting responsibilities can be included in a post marital agreement, however those decisions are still subject to the court’s interpretation of whether the best interests of the child are served is applicable.
• When a couple who have children from a prior marriage are married, a post marital agreement can address what those children will receive as far as inheritance in the event of a death.
What You Need to Know
Just like a prenuptial agreement, your post marital agreement must be in writing in order to be enforced by a Florida court. In order to avoid later claims of fraud or coercion, each party entering into such an agreement should have an attorney who can ensure their rights are fully protected and who will draft or review any agreement. Post marital agreements may not be invalidated simply because one of the parties now believes they got a “bad deal.” There are no specific time limitations for creating your agreement; this type of agreement can be entered in at any time during your marriage, even before you receive an inheritance.
If you and your spouse have agreed to have a post marital agreement drawn up, or if your spouse is asking you to sign a post marital agreement he or she had prepared, it is important that you speak to an experienced attorney at The Law Place. We will ensure you are not giving up any important future rights and that your agreement follows Florida law. If you go to the trouble of having a post marital agreement drawn up, you want to make sure the terms are enforceable; our skilled attorneys can do that for you, as well as advising you regarding any concerns you have related to a post marital agreement.