Miami Postnuptial Agreement Lawyers

Postnuptial Agreement Lawyers Providing Legal Guidance to Clients In Miami

What Is a Postnuptial Agreement?

A postnuptial agreement is a contract between spouses after entering into marriage. The agreement describes terms to maintain separate property outside of marital property.

During divorce proceedings, the court will determine how to divide marital property and debts. However, with a valid postnuptial agreement, you and your spouse can agree to which separate property you each would retain. A postnuptial agreement can also shorten the length of divorce proceedings while reducing related costs.

However, it is important to understand a postnuptial agreement is primarily a method to plan for contingencies in a way that is respectful of both spouses, and it does not necessarily foreshadow disagreements or divorce.

If you and your spouse need a postnup, turn to an experienced postnuptial agreement lawyer in our office at Miami Family Law Group, PLLC. We provide representation in family law matters including divorce, child custody, high-asset divorce cases, and more.

Why Do Couples Sign Postnuptial Agreements in Florida?

Many reasons exist for a married couple to consider a postnuptial agreement. Some examples of common scenarios that may lead a couple to consider a postnuptial agreement include:

• You or your spouse received a large inheritance.
• You or your spouse wants to open a business or take over a family business.
• You or your spouse incurred a large debt for which the other should not be responsible.
• You or your spouse left a career to be a stay-at-home parent.

To explore how a postnuptial agreement may help you and your spouse set expectations and mutual understanding in light of circumstances in your relationship, schedule a strategy session with Miami Family Law Group, PLLC today.

What to Include in a Postnuptial Agreement

You and your spouse should carefully consider what assets you each would like to maintain as separate property and how to divide marital property. Remember that the court will see property acquired together during the marriage as marital property, even if only titled under one spouse's name.

If you or your spouse incurred a large debt during your marriage, such as in a failed or low ROI investment, you may also divide these debts according to which party incurred the debt.

You and your spouse may also decide to include terms for the event of a separation or divorce, such as who remains in the marital home and whether you will waive or limit spousal support (alimony). However, if you have children, you and your spouse cannot define terms for child custody or child support in a postnuptial agreement.

Protect Your Business From Equitable Distribution

Your business could be subject to equitable distribution in a separation or divorce. If you owned the business before you were married, and your spouse contributed to the growth of the business, the court in a divorce case may determine the equitable solution is to allow your spouse to have partial ownership.

If you purchased the business after you wed, the court would likely consider it marital property. Without a valid postnuptial agreement, you could end up having to buy out your spouse's share to regain ownership of your business. Schedule a strategy session to discuss how to avoid such a situation.

A Postnup Does Not Doom Your Marriage

While many people believe that either a prenuptial or postnuptial agreement is preparing for a marriage to fail, that is often not the case. A married couple may decide to create a postnuptial agreement to equalize each spouse's stake in the relationship or protect one from another's risks, strengthening their bond in the process.

To draft a valid postnuptial agreement, turn to our experienced postnuptial agreement attorneys at Miami Family Law Group, PLLC. Contact us today to schedule a strategy session.

Contact Our Miami, FL Postnuptial Agreement Lawyers

If you and your spouse are ready to create a postnup, a postnuptial agreement lawyer with our offices at Miami Family Law Group, PLLC can help you navigate the documentation to create a valid postnuptial agreement.

Your postnuptial agreement must be in writing, entered into willingly without duress or fraud, and must be fair to both parties. Both parties must also disclose all of their assets and debts. The court may invalidate your postnup if it finds that one party pressured the other to sign before having the opportunity to understand the terms, or it may determine that the agreement is "unconscionable," meaning extremely unfair to one party.

You and your spouse will need to ensure that your postnuptial agreement meets all requirements for the court to consider it valid in case of a future separation or divorce. Our family law firm has over 30 years of combined experience helping couples navigate postnuptial agreements in Miami. Schedule a strategy session today by calling 305-520-7874 or contacting us online.