Post-nuptial agreements are legally binding contracts created after a couple gets married. In Florida, these agreements can be used to outline the distribution of assets, liabilities, and other financial matters in the event of a divorce or death.
What is a Post-Nuptial Agreement?
A post-nuptial agreement is similar to a pre-nuptial agreement but is executed after marriage. It can cover various aspects, such as property division, spousal support, and even custody arrangements, provided they do not contravene public policy.
Why Consider a Post-Nuptial Agreement?
- Asset Protection: Safeguard individual assets acquired before or during the marriage.
- Debt Management: Clearly define responsibility for debts incurred by each spouse.
- Clarify Financial Expectations: Establish financial responsibilities and expectations within the marriage.
- Peace of Mind: Provide security and peace of mind by outlining clear terms in case of a divorce.
Legal Requirements in Florida
For a post-nuptial agreement to be valid in Florida, it must:
- Be in writing.
- Be signed by both parties.
- Include full financial disclosure from both spouses.
- Be entered into voluntarily, without coercion or undue influence.
Conclusion
Post-nuptial agreements can provide clarity and protection for both parties in a marriage. Consulting with an experienced family law attorney can ensure that the agreement is fair and enforceable under Florida law.
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