A 2015 survey by the American Academy of Matrimonial Lawyers showed that half of the lawyers reported a significant increase in the amount of postnuptial agreements being filed. Within the realm of matrimonial law, postnuptial agreements are showing a significant increase in demand. The attorneys of The Berman Law Group could be your Florida prenuptial agreement lawyers.
Whether you file an agreement prior to or after the marriage, the purpose is to outline the obligations, assumptions, and responsibilities between both parties. If executed to meet the needs of the couple in question, the agreement can prove to be mutually beneficial.
Having an attorney who understands matrimonial law as well as what can complicate an agreement will ensure a just and fair outcome for all.
The only difference between a prenuptial and a postnuptial agreement is when they are signed. A prenuptial agreement is signed before the marriage legally takes place. A postnuptial agreement is signed after the marriage has begun. They can govern the exact same assets and can have the exact same stipulations.
What Goes into a Prenuptial Agreement
The most covered items within a prenup or postnuptial agreement are property, alimony, and retirement accounts. It is important to understand the rights of the undersigned to ensure all parties receive what they are entitled to.
Partnering with an attorney who is well-versed in prenuptial and post nuptial agreements can work to address the following issues:
- Properties that are held jointly as well as individually
- Parties responsible for paying debts
- Addressing joint debts
- Allocation of earnings
- Inequities in earning
- Business management in event of divorce or death
- Concerns for disabilities
- Marital priorities for children
- Special needs of children
- Insurance considerations
An attorney will work to identify the key issues to be addressed and negotiate the terms of the agreement from the drafting stage to the execution. They will work to leave no stone unturned.
Coming to Clarity
It is critical to make sure your agreement meets all the legal requirements for it to be enforceable in court. For instance, the agreement must be in writing and signed by all parties. There are also limitations to these agreements. For instance, an agreement may address issues relating to the sharing of an estate, but it cannot dictate the terms of child custody or child support.
The agreement must also be proven to have been entered voluntarily by consenting parties. If the court finds that one person was pressured or forced into signing, the agreement may not be legally enforceable.
Working with an attorney will ensure the prevention of these obstacles so that the outcome is fair, transparent, and within the best interest of all parties.
Benefits to Agreement
A postnuptial agreement in many cases is an attempt to get a concrete form of marriage mediation in writing. If a couple is fighting over money, the fear of what may happen if one party throws the other out of the house could create dishonest communication between the married couple.
With a postnuptial agreement in place, couples can communicate and stay together with the knowledge of what would happen if the marriage does not go favorably.
There have recently been cases where filing a postnuptial agreement has proven to save marriages and create more openness between couples. An attorney can also work with you on issues that exist outside the bounds and jurisdiction of the agreement, such as addressing child support and child custody.
Hiring an attorney for your prenuptial or postnuptial agreement can help you and your spouse achieve peace of mind. Whether you are drafting an agreement before or after the marriage, there are various obstacles that may occur.
The best practice is to consult with the experts who will work to address the concerns on both sides until there is a clear resolution.
Contact The Berman Law Group today at 1-800-375-5555. We can be your Florida prenuptial agreement lawyers.