A postnuptial agreement follows similar principles as a prenuptial agreement, aside from the fact that it takes place after a couple is already married. If you are married and are interested in drawing up a legal agreement that outlines details regarding custody, property, spousal support, and similar issues an attorney at Orner Law, LLC can help. We represent clients throughout South Florida including Palm Beach, Broward and Miami-Dade counties with all types of family law issues, using our experience in this field, our resources and our dedication to our clients to achieve stellar results.
Broaching the subject of a postnuptial agreement may be complicated for legal and emotional reasons. By having a lawyer from our firm on your side, you will have the support and guidance of a knowledgeable professional who has an objective point of view on the situation. You can therefore rest assured that your interests and future will be well protected in your postnuptial agreement, and that it will benefit you, your spouse and your children should anything happen in the future.
About Florida Postnuptial Agreements
Often referred to as postmarital agreements, postnuptial agreements are legal contracts between spouses, which outline particular actions to be taken in the event of a divorce, separation or even the death of one member of the couple. It may address child custody, child support, spousal support/alimony, the division of assets and liabilities, and more. Such an agreement is also a means by which to specify responsibility taxes, credit card bills or other obligations. The agreement may also include a provision requiring that any future disputes be decided outside of court through mediation or arbitration.
To be legally binding, this agreement must be reasonably fair, must be executed voluntarily by both parties, must be in writing, and must be executed by both parties before a notary public.
Reasons to Consider A Postnuptial Agreement
Simply stated, a postnuptial agreement is a contract entered into between spouses after they are married. For many years, these types of agreements were considered invalid or contrary to public policy and were rarely enforced. As noted above, this is no longer true, provided certain fairly strict conditions are satisfied.
There remain those who view a postnuptial agreement as, in effect, an admission that the marriage is over. Perhaps surprisingly, however, many marriage counselors and attorneys find that for some couples quite the opposite can be true. A fairly drafted postnuptial agreement entered into willingly and in good faith by both spouses may actually avoid an eventual dissolution of the marriage by resolving without court intervention whatever disagreements are threatening the relationship’s future. Removing doubt as to what will happen should the couple later decide to terminate the marriage can actually help reestablish lost trust and enable the couple to concentrate on whatever other issues are causing problems in the marriage.
There are occasions when an amendment to a postnuptial agreement is appropriate as a result of changes in the couple’s circumstances. A well-written postnuptial agreement usually contains a provision allowing for such amendments. To be valid, the amendment, like the original agreement, must be in writing and meet the other requirements listed above.
While not appropriate for all couples or all circumstances, postnuptial agreements have a number of benefits that can help ensure that your future is protected if anything should happen to your marriage. While we do not plan for a marriage to end, having a legal agreement can bring about much needed peace of mind.
With offices in Boca Raton and Fort Lauderdale, Orner Law, LLC serves clients throughout South Florida.
Contact a South Florida postnuptial agreement attorney at Orner Law, LLC today.