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Postnuptial Agreements

Postnuptial Agreement Lawyers in Jacksonville

Why Create a Postnuptial Agreement in Florida?

Creating a postnuptial agreement is about more than just preparing for the possibility of divorce, it can help you establish clear expectations with your spouse and protect your individual and shared assets. Unlike a prenuptial agreement, a postnuptial agreement does not need to be established prior to the marriage. Postnuptial agreements can be created after a couple has already been legally married, but the contract is no less binding. If you are interested in protecting your assets, investments, and other interests, find out how a postnuptial agreement could benefit you.

For more than 20 years, our attorneys at Owenby Law, P.A. have helped clients with their family legal issues. Our team understands that no two cases are the same, which is why we are dedicated to providing each customer with the personalized legal service they need. Depending on your interests, we can work with you to create your ideal postnuptial agreement.

What is a Postnuptial Agreement?

A postnuptial agreement, often abbreviated as "postnup," is a legal document created between spouses after they are married. While prenups are drafted before marriage, postnuptial agreements are created after the marriage has already taken place.

Postnuptial agreements typically address various financial and property-related matters, including:

  • Asset Division: Specifying how assets acquired during the marriage will be divided in the event of divorce or death.
  • Debt Division: Determining how debts accrued during the marriage will be allocated between spouses.
  • Spousal Support: Outlining whether one spouse will pay support to the other in the event of divorce, and if so, the terms and duration of such support.
  • Inheritance Rights: Clarifying how inheritance and other financial windfalls will be handled within the marriage.

Additionally, postnuptial agreements may address other specific issues relevant to the couple's circumstances, such as business ownership, real estate holdings, or any other assets or liabilities.

The purpose of a postnuptial agreement is to provide clarity and protection for both spouses in the event of unforeseen circumstances, such as divorce or death. It allows couples to define their own terms for asset division and other financial matters, rather than relying on state laws to dictate these matters in the event of a legal dispute.

How Can a Postnuptial Agreement Benefit You?

Postnuptial agreements are binding contracts intended to help married couples protect their assets and other interests. If a couple should divorce, all marital assets are subject to division, which may include vehicles, properties, businesses, investments, and any other assets acquired during the marriage. Even if the business, for example, is run primarily by one spouse, the other spouse could attempt to acquire half in a divorce. In order to prevent any unfair divisions, couples can choose to create a postnuptial agreement which will stipulate any decisions regarding assets, in addition to any other arrangements the couple wishes to make legally binding.

Postnuptial agreements can also do the following:

  • Secure the inheritances of children from previous relationships
  • Protect a business from division
  • Establish a child custody arrangement if a divorce occurs
  • Stipulate which assets are community property and which are separate

How to Create a Postnuptial Agreement

To create a postnuptial agreement in Florida, here are specific steps and considerations to keep in mind:

  • Full Disclosure of Assets: In Florida, for a postnuptial agreement to be valid, both parties must fully disclose their assets to each other. This transparency is crucial to ensure that both spouses are fully aware of the financial situation before entering into the agreement.
  • Freely and Willingly Entered: Both spouses must enter into the postnuptial agreement freely and willingly. This means that there should be no coercion or pressure involved in the decision-making process. Both parties must understand the terms and implications of the agreement.
  • Proper Execution: The postnuptial agreement must be properly executed to be considered legally binding in Florida. This includes ensuring that the agreement is in writing and signed by both parties. Without proper execution, the agreement may not hold up in court if challenged.
  • Enforceability: To ensure the enforceability of the postnuptial agreement in Florida, it must meet all the legal requirements set forth by the state. This includes being in writing, signed by both parties, and meeting any other criteria outlined under Florida law.
  • Legal Assistance: While it's possible to find templates online for postnuptial agreements, it's advisable to seek legal assistance from experienced family law attorneys in Florida. They can provide guidance, ensure all legal requirements are met, and help tailor the agreement to your specific needs.

Choose Owenby Law, P.A.

If you are interested in establishing a postnuptial agreement or modifying a prenuptial agreement, our firm is prepared to help. We understand these types of marital documents are not the most romantic contracts, but they can be extremely beneficial for individuals and families alike. Couples with high assets, businesses, multiple properties, large retirement funds, and other significant assets and interests may find postnuptial agreements especially beneficial and reassuring.

Unfortunately, roughly half of all marriages end in divorce, which is why establishing a marital agreement isn’t just precautionary, it’s practical. Don’t leave your assets unprotected, let our firm help you establish an agreement you can be confident in.

Here's how we can help:

  • Free Initial Consultation: We begin by conducting a comprehensive assessment of your unique situation and objectives, listening closely to your concerns and priorities.
  • Legal Guidance: Our lawyers provide thorough explanations of the legal implications of each provision and ensure compliance with relevant state laws.
  • Drafting Clear Terms: We meticulously draft clear and enforceable terms addressing financial and property-related matters such as asset division, spousal support, and inheritance rights.
  • Open Communication: Throughout the drafting process, we maintain open communication with you, addressing any questions or concerns and incorporating necessary revisions to accurately reflect your intentions.
  • Negotiation Guidance: If disagreements arise between you and your spouse, we provide guidance on negotiation strategies to reach fair and amicable solutions while safeguarding your rights and financial well-being.
  • Tailored Solutions: Our dedication to excellence and client-centered approach ensures that the postnuptial agreement we craft together is tailored to your specific needs, providing a solid legal framework for your future.

For help with your postnuptial agreement, contact Owenby Law, P.A. for legal assistance.

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The Benefits of Hiring Owenby Law, P.A.

Owenby Law, P.A. is here to help you get the results you need with a team you can trust.

  • Free Initial Consultations
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