Pacheco Perez P.A.

Marital agreements: Creating an effective postnuptial agreement

You probably already know a good deal about the prenup, which is an informal term for a prenuptial agreement or contract. If you are already married, it is too late for a prenup, but you can still create an effective contract for you and your spouse. Like the prenup, marital agreements entered into after marriage can help to protect your rights if you and your spouse decide to get divorced.

As with all legal documents, attention to detail is important in a postnuptial agreement. You must also take steps to make certain your agreement is enforceable under Florida's marital laws. Below you will find information to guide you through the process of creating a postnuptial marital agreement. You can write a draft of your agreement on your own, but it is wise to seek guidance to make sure it is effective as well as legal.

The first thing to consider is what to include in a postnup. Most couples address issues centered on property issues. Other considerations include inheritance stipulations upon death and dividing debt if a divorce occurs. Speak with an attorney to help you decide what your postnup should cover.

To make sure your postnup marital agreement is enforceable, follow these guidelines.

  • The agreement must be fair to both parties
  • It must be in writing
  • Both spouses must sign the document
  • It must contain true and complete information
  • Neither party was forced or coerced into signing the agreement
  • It does not contain illegal provisions

Many couples benefit greatly from entering into such an agreement. As long as your postnup is legal and enforceable, it can help you in your marriage as well as in divorce.

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