Tampa Postnuptial Agreement Attorney
While premarital agreements have been around for several decades in Florida, postnuptial agreements are a fairly new phenomenon. These two legal documents do have many similarities, but there are also important differences between the two. The most obvious of these are their names, but the timing of them is also very different. Premarital agreements are drafted before the marriage is official. Postnuptial agreements, on the other hand, are created after a couple is already married. Postnuptial agreements have many nuances. Before drafting one, it is important to speak to a Tampa postnuptial agreement attorney.
Benefits of Drafting a Postnuptial Agreement
There are many benefits associated with drafting a postnuptial agreement. These include:
- Avoid disagreements about finances and the responsibility of each spouse in saving money, paying bills, and other financial issues that may arise,
- Protect the inheritance of children from previous relationships,
- When one spouse has a financial windfall, such as winning the lottery or receiving a substantial inheritance, a postnuptial agreement can establish guidelines and protect the newly acquired funds, and
- Guarantee that a spouse who left the workforce to raise children and cared for the home is provided for in the event of divorce.
Are Postnuptial Agreements Enforceable in Court?
Like premarital agreements, the courts in Florida generally uphold and enforce postnuptial agreements. However, there are times when a court will strike down certain provisions in these agreements, or even the entire document. These reasons are as follows:
- Improper execution: Like all legal contracts, postnuptial agreements must be executed properly. This means each party must have signed the contract willingly and without conceit, fraud, trickery, or coercion. The contract must also be in writing and both parties must sign it.
- Incomplete disclosure of information: Both parties must also provide full disclosure when entering into a postnuptial agreement. If one spouse hides assets or otherwise does not provide full disclosure, the courts will likely deme the entire document as null and void.
- Lack of consideration: For any contract to be considered valid in Florida, there must be some consideration that exists. This means that each spouse must relinquish something of value that entices the other spouse to enter into the agreement. In postnuptial agreements, the consideration may be promises the spouses have made to each other. For example, one spouse may agree to waive their rights to something, such as spousal support.
To ensure that your postnuptial agreement is drafted and executed properly so it can be upheld in court, it is critical to let an attorney draft it.
Our Postnuptial Agreement Attorney in Tampa Can Draft Your Contract
At BBDG Law, our Tampa postnuptial agreement attorney can draft your agreement and make sure your rights are protected. Our experienced attorney has the necessary expertise to ensure your contract complies with state law so it will be enforced, if ever necessary. Call us now at (813) 221-3759 or fill out our online form to schedule a consultation with our seasoned attorney and to learn more about how we can help with your case.
