Postnuptial Agreements
A postnuptial agreement in Florida is a written contract between spouses executed after marriage. When properly drafted, a postnuptial agreement serves as a powerful tool for protecting assets, preventing future disputes, and bringing clarity to financial arrangements within a marriage.
At Scully | Torres, our Florida postnuptial agreement attorney helps spouses create valid, enforceable postnuptial agreements, ensuring your agreement complies with Florida law and reflects your goals as a couple.
Why Do Couples Use Postnuptial Agreements in Florida?
Couples consider postnuptial agreements for many reasons, including:
- Change in financial circumstances
- Marital concerns
- Estate planning coordination
- Protecting children from a previous marriage
- Shielding a business
Similar to a prenuptial agreement, key issues often covered in a postnuptial agreement include:
- Division of marital and non-marital property
- Responsibility for debts and liabilities
- Alimony or spousal support
- Retirement and investment accounts
- Business ownership and succession
- Rights to inheritances or gifts
- Attorneys’ fees in the event of separation or divorce
The postnup can also clarify what will happen upon the death of a spouse, especially in blended families or situations where one or both spouses want to ensure certain assets pass to children from a previous relationship.
Legal Requirements for Postnuptial Agreements in Florida
For a postnuptial agreement to be enforceable in Florida, certain conditions must be met:
- Written and signed: The agreement must be in writing and voluntarily signed by both parties.
- Full financial disclosure: Each spouse must fully disclose their assets, liabilities, and income. A lack of transparency can render the agreement invalid.
- No duress or coercion: Both parties must enter into the agreement voluntarily. Any signs of pressure or unfair influence could cause the court to reject the agreement.
- Fair terms: While the agreement does not have to be equal, it must be fair. If the court finds the agreement to be unconscionable, it may be invalidated.
- Proper legal counsel: Each party should have the opportunity to consult their own postnuptial agreement lawyer to ensure the agreement is understood and fairly negotiated.
A court may not uphold a postnuptial agreement if it waives certain statutory rights without clear and express language.
How to Enforce Postnuptial Agreements in Florida
Postnuptial agreements can be challenged. During divorce proceedings, one spouse may attempt to contest the agreement on grounds such as fraud, duress, or failure to disclose all financial information.
Courts will closely review the process through which the agreement was created to determine its validity. Having independent legal representation on both sides is one of the best ways to reduce the risk of future litigation.
If a postnuptial agreement is found valid, Florida courts will generally enforce its terms, even if one party later disagrees with the outcome. However, any clause that seeks to limit child support or custody rights will not be enforceable, as those issues are determined based on the child’s best interests and cannot be contracted away.
We Can Help with Your Postnuptial Agreement
Creating a legally sound postnuptial agreement takes more than filling out a form. Each couple’s financial picture, marital goals, and legal obligations are unique.
At Scully | Torres, our postnuptial agreement lawyer in Florida can help you create a postnuptial agreement that meets the highest legal standards while reflecting your intentions. Contact us today for a consultation about your postnuptial agreement.
