Postnuptial Agreements – Redefining your Marriage Partnership
If it is your intention to redefine your marriage, but not file for divorce, a Postnuptial Agreement may be best for you. Of course, the reasons to pursue a Postnuptial Agreement are personal and will be unique to each existing relationship. Common reasons for a Postnuptial Agreement include: issues with a Prenuptial Agreement, a substantial change in the financial circumstances of either spouse or extended family members, in furtherance of a business transaction or purchase, or as part of a larger Wealth Preservation and Asset Protection or Estate Planning process.
What are the Benefits of a Postnuptial Agreement?
A Postnuptial Agreement or “Postnup” is a type of legal contract, under Florida law, between a married couple. Like most personal contracts, the terms of a Postnuptial Agreement can be customized and negotiated until both parties are satisfied. Similar to a Prenuptial Agreement, a Postnuptial Agreement can clarify the responsibilities and obligations of each party during the marriage, help the parties identify, establish and protect property rights, including business interests, real estate, cars, trusts, stock portfolios, and other assets, establish terms for, limit, or eliminate Alimony and other support, and settle any number of other concerns.
By entering into a Postnuptial Agreement, you may be able to avoid the high cost of litigating a potential divorce, avoid additional emotional damage to your children, avoid fighting over a business you built, or an inheritance you may receive, and keep the details of your business or other interests private.
An experienced Postnuptial Agreement Attorney can help you evaluate your present circumstances, your plans for the future, and the relevant laws, and use that information to craft a custom Postnuptial Agreement designed to protect your rights and effectuate your goals. In general, the Postnup will need to be in writing, entered voluntarily by both parties, include financial disclosures, be executed in conformity with Florida law, and not be unconscionable or otherwise void under the law. Beyond these initial formalities, an experienced Postnuptial Agreement Attorney can counsel you in complying with the terms of the agreement to ensure the integrity of the Postnuptial Agreement is preserved.
Challenging Invalid or Fraudulent Postnups
Certain circumstances, such as fraud, duress, or overreaching, can give rise to concerns regarding the enforceability of a Postnuptial Agreement. If you believe you may have entered into an improper Postnuptial Agreement, or if one is being enforced against you, you should consider contacting a Postnuptial Agreement attorney immediately. Directly or indirectly challenging the alleged agreement may be an option.
How does a Postnuptial Agreement differ from a Marital Settlement Agreement?
While the specific terms of each Agreement will differ, generally, the primary distinction between a Postnuptial Agreement and a Marital Settlement Agreement is that, unlike a Marital Settlement Agreement, a Postnuptial Agreement is entered when the parties have no intention of separating or filing for divorce. If your divorce case has already been filed, the more likely agreement choice would be a Marital Settlement Agreement. A Marital Settlement Agreement may become void after a subsequent reconciliation, but a subsequent reconciliation should not have the same impact on a Postnuptial Agreement.
Learn More About Your Options Today
A Postnuptial Agreement can allow you to move forward in your marriage with more certainty and give your relationship the best chance for success. Talk to an experienced Postnuptial Agreement Attorney today to learn more about your rights, responsibilities, and options.
To speak to an experienced Postnuptial Agreement Attorney with Levinson & Capuano, LLC, please call (954)703-2110 or Click Here to Contact Us.