Fort Lauderdale Postnuptial Agreements: Six Reasons You Might Need One
Getting married is a lifelong commitment, but circumstances can change over time. If there are serious conflicts between you and your spouse, but you are not sure whether to file for a divorce in Fort Lauderdale, putting a postnuptial agreement in place may provide a solution and can help protect your rights.
Unlike a prenup, a postnuptial agreement is something a couple enters into after marriage. It addresses important financial matters and helps protect your interests regarding spousal support, marital property and assets division, and other divorce-related issues. Our Fort Lauderdale family attorney explains more about postnuptial agreements and shares six common reasons you may want to consider putting one in place.
Six Reasons to Get a Postnuptial Agreement In Fort Lauderdale
Under the Florida Statutes, a postnuptial agreement in Fort Lauderdale acts similar to a prenuptial agreement in terms of establishing each party’s rights and responsibilities in the event of a divorce. However, you create a postnup after you are already married rather than before. Common reasons to consider putting one in place include:
- You recently started your own business;
- You came into money through an inheritance;
- You discovered your spouse cheating;
- They struggle with gambling or other addictions;
- They have incurred significant debts;
- You want to protect the property rights of children from a prior relationship.
A well-structured postnuptial agreement can protect your rights in the above and other situations. It clarifies your expectations of your spouse, prevents potential legal disputes over marital property and assets, and helps ensure you get what you are entitled to if filing for a divorce in Fort Lauderdale becomes your only option.
What to Include in a Florida Postnuptial Agreement
Fort Lauderdale postnuptial agreements are drafted by your attorney, signed by both you and your spouse, and then filed with the Broward County Family Court. While prenuptial agreements vary based on individual needs, they typically include:
- A list of all marital property, assets, and debts;
- Provisions for how property, assets, and debts get divided between the parties in the event of a divorce;
- Protections for business owners, preventing them from having to sell or split the business;
- Rights and terms regarding spousal support payments;
- A list of premarital properties that are not subject to equitable division;
- Estate planning provisions and inheritance rights.
Keep in mind that for a postnuptial agreement in Fort Lauderdale to be considered valid, it has to be voluntarily signed by both parties, provide full financial disclosure, and not unfairly benefit one spouse over the other.
Contact Our Fort Lauderdale Family Attorney To Schedule A Confidential Consultation
If you are dealing with problems in your marriage but are unsure of filing for a divorce in Fort Lauderdale, a postnuptial agreement can provide peace of mind and important legal protections.
Fort Lauderdale family attorney Sandra Bonfiglio has extensive experience creating pre- and postnuptial agreements for clients that are tailored to their specific needs. To discuss your options, contact our office. Schedule a confidential consultation today.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.702.html
browardclerk.org/Divisions/Family
