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Home > Areas of Practice > Family Law > Post-Nuptial Agreements

St. Petersburg Post-Nuptial Agreements Lawyer

Unlike premarital agreements, which are drafted before marriage, postnuptial agreements are drafted after the wedding has already taken place. Even though they are different from premarital agreements, postnuptial agreements serve the same purpose. They are intended to outline the terms that will come into effect in the event the couple ever gets divorced. People draft postnuptial agreements for many reasons. One spouse may feel as though a premarital agreement is no longer fair, or one spouse may have started a business they want to protect.

Regardless of the reason why you want to draft a postnuptial agreement, you should first obtain sound legal advice. Our St. Petersburg post-nuptial agreements lawyer can ensure yours is enforceable so it provides the protection you need.

What to Include in a Postnuptial Agreement

People often know that they want to include one or two provisions in a postnuptial agreement, but they do not realize just how much they can include in these documents. Generally speaking, postnuptial agreements outline how property will be divided during a divorce, should one ever happen in the future. A postnuptial agreement can also include the following provisions:

  • Payment of alimony, including the amount and duration
  • Instructions in the event that one spouse passes away
  • Identification of current and future marital and separate property
  • Details pertaining to the forfeiture of any property if either spouse has an extramarital affair
  • Guardianship agreements

Essentially, postnuptial agreements are tools used to help the couple with financial planning, and they should benefit each spouse.

Requirements for Enforcing a Postnuptial Agreement

Postnuptial agreements can provide protections for both parties that enter into one, but these contracts are only as good as they are written. If they are not drafted properly and certain requirements are not met, there is a good chance the courts will not enforce it. In the event this happens, the issues that need to be resolved in a divorce will be subject to Florida law. For a postnuptial agreement to be enforceable, the following requirements must be met:

  • Each spouse must enter into the agreement freely and willingly.
  • The agreement must be executed properly, which means it must be in writing and two witnesses must sign it.
  • Each spouse must provide full and truthful disclosure about their finances, including all assets, income, debts, and property.
  • The agreement must be fair to both parties and cannot heavily favor one spouse over the other.
  • Each spouse must give consideration to the other, which means each spouse must give something in exchange for the agreement.

Our Post-Nuptial Agreements Lawyer in St. Petersburg Can Review Your Case

A postnuptial agreement can provide protection for your future, but it is important that it is reviewed properly. At Greene & Greene, our St. Petersburg post-nuptial agreements lawyer can review the facts of your case and draft a contract that provides full protection for you and your spouse. Call us now at (727) 821-2900 or contact us online to schedule a consultation and to learn more about how we can help.

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