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Postnuptial Agreement

Florida Postnuptial Agreement Attorneys

Protect Your Rights & Assets

Most people know that a prenuptial agreement is a written agreement between two people before they are married. They are used for laying out rules in what each party will receive just in case the marriage does not work out. Did you know that you can also enter in a postnuptial agreement after being married?

Postnuptial agreements are almost identical to prenups, mostly because they are also a way to protect your assets in the case of a divorce or separation. However, instead of being signed before the wedding, they are signed after the fact. More disclosure is required after marriage to make it a valid agreement.

Your postnuptial agreement can include provisions for:

  • Property that is bought in the future during your marriage, such as houses and cars
  • The right to share in each other’s estate upon either spouse’s death
  • Alimony

In a postnuptial agreement, property disclosures should include physical property such as cars and jewelry, as well as real property that includes real estate and land. Among other financial assets one can include in them are stocks, cash, bonds and retirement accounts.

If you and your spouse are considering entering into a postnuptial agreement, consult with the family lawyers at The Berman Law Group. Our postnuptial agreement attorneys in Florida can help ensure that your agreement is properly drafted and fair to both parties.

Give us a call at (800) 883-5206 or contact us online to get started with a free consultation. We have five convenient offices in Boca Raton, Deerfield Beach, Orlando, Stuart, and Gainesville.

Who Should Sign a Postnuptial Agreement?

Technically, anyone who is getting married or entering a civil union is legally able to acquire a prenuptial/postnuptial contract beforehand. However, there are various cases in which people would seriously want to consider signing a marital agreement.

These cases include but are not limited to:

  • People expecting to inherit a large sum of money in the future
  • People who have substantial retirement, property, or stock funds
  • Individuals who have children and would like to make sure that they will inherit their fair share of their assets
  • Couples who have a large disparity in their incomes
  • Individuals who are taking care of loved ones, i.e. elderly parents

How to Get a Postnuptial Agreement

First and foremost, always make sure to have open lines of communication with your partner, especially when it comes to a topic that can be as sensitive as postnuptial contracts. Tell them your reasoning, any concerns, and why you think signing one would be best for your relationship. The contract should benefit both your interests, not leaving one or the other dissatisfied or feeling like it is unfair. If it’s proposed, the postnuptial agreement should also add that each party waives various rights given a death of the other party, such as elective share rights.

After this has been discussed, your next order of business is to find a Florida postnuptial lawyer who can help. Although you can draft your own, most people choose to have their lawyer draft a postnup due to the fact that courts can invalidate any that are not properly created.

It is a good idea for each party to seek their own individual lawyers. This allows for each person’s interests to be protected throughout the entire process, on top of a potential divorce or separation. Additionally, Florida courts may hesitate to implement a postnup for those who did not have individual, legal representation.

Call Our Florida Postnuptial Attorneys

The Berman Law Group has decades of collective experience handling postnuptial agreements of all kinds. We can help you and your partner when you need it most. Your initial consultation is free of charge, so there is no risk in calling.

Contact us today at (800) 883-5206 to learn more about our team of attorneys ready to take care of you and your case.

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