St. Augustine Postnuptial Agreement Attorney

Helping You Safeguard Your Marriage & Financial Future

Contrary to what some may believe, postnuptial agreements are not just for the wealthy. Many Florida couples are turning to these legal documents to protect their financial futures and the future of their marriage. A postnuptial agreement can outline how certain property and assets will be divided in the event of a divorce, as well as what will happen to debt. This can give couples peace of mind, as they will know what to expect should their marriage end.

At Owenby Law, P.A., we can help you draft a postnuptial agreement that is tailored to your specific needs, goals, and circumstances. We can also review an agreement that has been presented to you by your spouse to ensure your rights and interests are protected. Our St. Augustine postnuptial agreement lawyers have helped thousands of clients with their family law needs, and we are prepared to assist you, too.

Get in touch with us today by calling (904) 770-3141 or submitting an online contact form.

The Basics of Postnuptial Agreements

Postnuptial agreements are similar to prenuptial agreements in that they outline what will happen in the event of a divorce or the death of one spouse. However, unlike prenuptial agreements, which are entered into before a couple is married, postnuptial agreements are created after a couple has already tied the knot.

These are just a few examples of why a couple may choose to create a postnuptial agreement. Whatever the reason, you can rely on our St. Augustine postnuptial agreement attorneys to help you navigate the process.

What Can Be Included in a Postnuptial Agreement?

Postnuptial agreements can include a variety of different provisions, all of which are designed to protect the interests of one or both spouses. However, not all provisions are enforceable, and a postnuptial agreement that is deemed to be unfair or that does not meet certain legal requirements will not be upheld by the courts. For this reason, it is best to work with an experienced lawyer when creating or reviewing a postnuptial agreement.

Some of the most common provisions included in postnuptial agreements include those that outline what will happen to:

• Assets and property: A postnuptial agreement can outline what will happen to certain assets and property in the event of a divorce. For example, it can address how a family business will be divided, as well as how any real estate, vehicles, and other assets will be divided.
• Debt: A postnuptial agreement can also outline what will happen to debt in the event of a divorce. For example, it can state that any credit card debt incurred by one spouse will remain their sole responsibility.
• Inheritance: A postnuptial agreement can also address what will happen to an inheritance in the event of a divorce. For example, it can state that any assets received through an inheritance will remain the sole property of the spouse who received them.
• Alimony: A postnuptial agreement can also address what will happen to alimony in the event of a divorce. For example, it can state that one spouse will receive a certain amount of alimony for a certain period of time.
• Retirement accounts: A postnuptial agreement can also address what will happen to retirement accounts in the event of a divorce. For example, it can state that one spouse will receive a certain percentage of the other spouse's retirement account.

These are just a few examples of what can be included in a postnuptial agreement. To learn more, contact our firm to schedule a free consultation with a member of our legal team.

What Are the Legal Requirements for a Postnuptial Agreement in Florida?

Several requirements must be met for a postnuptial agreement to be considered valid and enforceable in the state of Florida. For starters, the agreement must be in writing. It must also be signed by both spouses. Oral agreements are not considered valid in Florida, nor are agreements that are not signed by both spouses. Additionally, the agreement must be entered into voluntarily. If one spouse was coerced into signing the agreement, it will not be enforced by the courts.

Postnuptial agreements must also be entered into with full financial disclosure. This means that both spouses must fully disclose all assets, property, and debt. If one spouse fails to provide full financial disclosure, the agreement will not be upheld by the courts.

Finally, the agreement must not be unfair. If the agreement is deemed to be unfair to one spouse, it will not be enforced by the courts. This is why it is so important to work with an experienced lawyer when creating or reviewing a postnuptial agreement.

At Owenby Law, P.A., we have been helping clients with their family law needs for more than a decade. We know what it takes to create a valid and enforceable postnuptial agreement, and we are prepared to put our extensive experience to work for you.

Why You Need a Postnuptial Agreement Lawyer in St. Augustine

Postnuptial agreements can be complex, and many legal requirements must be met for an agreement to be considered valid and enforceable. For this reason, it is best to work with a qualified family lawyer when creating or reviewing a postnuptial agreement.

At Owenby Law, P.A., we can help you draft a postnuptial agreement that meets all legal requirements and that is tailored to your specific needs. We can also review an agreement that has been presented to you by your spouse to ensure your rights and interests are protected. Our St. Augustine postnuptial agreement lawyers have helped thousands of clients with their family law needs, and we are prepared to assist you, too.

Contact us today at (904) 770-3141 to request an initial case evaluation.