Postnup Attorney in Orlando
What are Postnuptial Agreements?
Postnuptial agreements, also known as postnups, are contracts designed to help couples settle their differences in case of a future divorce, such as property management, alimony, and more. In practice, they can resolve the same problems as prenuptial agreements, except that postnups are signed AFTER the wedding. A good postnuptial agreement can save you valuable time and money on divorce expenses.
Are Postnuptial Agreements Enforceable?
Yes! Postnuptial agreements are legally binding in Florida, as long as you comply with all relevant state laws for the contract to be legally binding. However, it is important to note that postnuptial agreements are relatively new in U.S. law, and each case may vary.
Contact us for a consultation on your postnuptial contract to check whether it is valid!
Requirements for a Valid Postnup Under Florida Law
- Both spouses must enter the agreement willingly.
- It must be written.
- Oral agreements are not valid.
- Both spouses must fully disclose their finances.
- The agreement must be fair to both parties.
- Each spouse must give consideration to the other one.
When does a Postnuptial Agreement Become Unenforceable?
In Florida, postnups are prohibited from including certain clauses under the risk of having the whole agreement invalidated and thrown out. For example, you can’t waive child support, visitations, or prohibit visitations. Postnuptial agreements can include custody arrangements but can’t overly limit or entirely prohibit one party from seeing their child. If a court determines that one or both parties acted fraudulently, the court can rule out the whole agreement.
Advantages of a Postnuptial Agreement
- Couples learn more about each other after marriage.
- They can help you identify potential conflicts in your relationship.
- They encourage communication.
- You will be more prepared in case of a future divorce, as you and your spouse will know exactly how the division of assets will go.
Premarital Agreements or Postnuptial Agreements?
Throughout a marriage, many things can change, including the arrival of children, the purchase of property, etc. These are aspects that, in many cases, are difficult to completely cover in a contract signed before the wedding. This is where postnuptial agreements come in. Since they are signed during the marriage, it is much easier to reflect the couple's reality. They are an excellent option for those who want to have greater security and fair division of property in the event of a divorce.
How do I File a Postnup in Florida?
The contract must be written and signed by both parties. All the terms and provisions must be acceptable under Florida statutes. Hiring a family lawyer to review your case is advisable.
When Should I Get a Postnuptial Agreement?
We strongly recommend that couples that didn’t sign up for a premarital agreement sign a postnuptial agreement. You need a postnup if you or your spouse:
- Recently received an inheritance: Keep your new assets safe in case of a split!
- You changed your mind on premarital agreements: It is perfectly normal to seek some sort of security after a long marriage. Don’t be afraid to talk to an attorney!
- You have children from a previous marriage: Pre and postnups are your best bet to protect the inheritance of your children in case of a divorce or death.
- You own a business: Postnuptial agreements can help you protect your income during the marriage. If you own your own business, getting one is crucial.
How Much does a Postnuptial Agreement Cost?
When writing a postnuptial agreement, it is important to analyze each case carefully. Using an online template or trying to write the agreement on your own can put your finances at risk. Investing in the help of an attorney is a small cost compared to all that a well-crafted postnuptial agreement can protect.
Contact our Postnuptial Lawyers in Orlando Today!
If you are considering entering into a postnuptial agreement with your partner, please contact our Orlando family law attorneys to make sure everything is in order. To set up a consultation, call us at 407-426-6999 or fill out the online form provided on this page and we will contact you shortly.