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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.

Postnuptial Agreement FAQs

Q

How Does a Postnuptial Agreement Differ From a Prenuptial Agreement?

Answer: The primary difference lies in the timing. A prenuptial agreement is executed before marriage, while a postnuptial agreement will be created after the marriage has already taken place. Both documents serve similar purposes but are executed at different stages of the marital relationship. They may also serve different purposes. while a prenuptial agreement may protect assets spouses own prior to getting married, a postnuptial agreement may address property a couple has acquired during their marriage, such as their home or a family business, ensuring that a couple understands how ownership of these assets will be handled if they choose to get a divorce.

Q

Can a Postnuptial Agreement Protect Individual Assets?

Answer: Yes, a postnuptial agreement can outline the ownership of individual assets and the division of marital assets. This can be particularly useful if one spouse receives an inheritance or starts a business. The agreement can also address significant assets that were acquired after the couple became married. By clearly defining ownership of separate assets and making decisions about how marital property will be divided, a postnup can prevent disputes in the case of a divorce.

Q

Are Postnuptial Agreements Enforceable in Florida?

Answer: Yes, postnups will be enforceable, provided they abide by Florida law and meet specific legal requirements. Agreements must be in written form and signed by both spouses. Each spouse must voluntarily agree to the terms of an agreement. Both spouses should also fully disclose their financial circumstances for the agreement to be valid. However, if an agreement was signed under duress or because of coercion, or if it is found to be grossly unfair and unconscionable, it may not be enforced during a divorce.

Q

How Can a Postnuptial Agreement Help a Couple Going Through Marital Difficulties?

Answer: A postnuptial agreement can be a tool for rebuilding trust and establishing financial transparency for couples who are experiencing marital troubles. It can set clear expectations and responsibilities for each spouse, reducing conflicts and providing a sense of security. This can strengthen the marital relationship and foster better communication. It can also help spouses understand what may be at stake if they choose to get a divorce, providing them with a reason to repair their relationship and attempt to preserve their marriage.

Q

What Should Couples Consider Before Signing a Postnuptial Agreement?

Answer: Before signing a postnuptial agreement, couples should carefully consider their financial goals, their current assets, and their future expectations. Engaging in open and honest communication and seeking independent legal advice is crucial. Each spouse should have an attorney to ensure the agreement is fair and legally sound. By fully understanding the financial issues that will be addressed and the implications that their decisions will have in the event of a divorce, a couple can make sure they will be prepared to address concerns that may arise in the future.

Q

Can a Postnuptial Agreement Be Modified or Revoked?

Answer: Yes, a postnup can be changed or revoked if both parties agree. Any updates to the terms of an agreement must in written form, and both spouses must sign the updated agreement. It is important to revisit the agreement periodically to ensure it still reflects the couple's financial situation and intentions. Changes in financial circumstances, such as taking on significant debt or starting a family business, may be a reason to update a postnuptial agreement. If the terms of an existing agreement no longer reflect a couple's situation, a couple may choose to revoke their postnup altogether.

Q

Does Creating a Postnuptial Agreement Mean the Marriage Is in Trouble?

Answer: Not necessarily. While some couples may turn to a postnuptial agreement during times of marital strife, others may use a postnup as a proactive measure to safeguard their financial interests. Creating a postnup can be a practical and responsible decision, reducing the uncertainty of potential future conflicts.

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.

Contact Miami Family Law Group, PLLC

Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.

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