A prenuptial agreement is a contract between two people who plan to marry. Many people hesitate to discuss this planning tool with their future spouses for fear of offending them before marriage. However, an open discussion about assets and what each person expects in the event of a breakup and divorce can lead to a trust-filled relationship.
So, you got married without a prenuptial agreement? You can still enter into a postnuptial agreement to document how you have agreed to divide property in the event of a divorce.
The main benefit of a postnuptial agreement is to keep any property you owned before the marriage as non-marital and separate from property acquired during the marriage. Over time, assets tend to shift around and get commingled, and the postnuptial agreement will help document the non-marital assets.
There are specific requirements that must be adhered to for executing the prenuptial agreement before the wedding date for the agreement to be valid, Florida law also allows for legally binding postnuptial agreements. However, you must carefully follow all of the law’s requirements in order for a postnuptial to be legally binding.
Items that our family law attorneys may suggest to include in a prenuptial or postnuptial agreement are:
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Creating, or even discussing, a postnuptial agreement with your spouse is not an admission that your marriage will end in divorce. However, knowing that divorce is a reality for over 50 percent of married couples can help the two of you come to the table in a reasonable, professional manner to consider such an agreement. Perhaps you have precious non-marital assets that need protecting. Maybe you just want to hammer out a fair deal on alimony while you and your spouse are both open to discussion.
Divorces involving individuals with high net worth can be more complicated than most, which is why you should retain a Florida family law attorney with experience in representing business owners, public figures, and other higher-income clients. We can help you draft a legally valid prenuptial that can preserve your wealth if the relationship doesn’t turn out to be forever. Do not despair if you married without a prenuptial agreement, as we can also assist with drafting postnuptial agreements.
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