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How a Postnuptial Agreement Can Make Property Division Easier


Postnuptial agreements have become increasingly popular amongst married couples in Florida who wish to clarify their duties and obligations in the event of separation. These contracts can go a long way towards helping couples make it through the property division stage of divorce with less conflict and confusion. However, this is only true if the agreement is created in compliance with Florida law, so if you have questions about entering into this type of contract or want to make sure that your agreement is enforceable, you should contact a Fort Lauderdale prenuptial and postnuptial agreement attorney who can advise you.

What to Include in Your Postnuptial Agreement

There are a variety of terms that couples can include in their postnuptial agreements to make the property division process simpler. For instance, the parties can come to an agreement about their living situations, with some spouses agreeing to remain in the family home until the property has been sold and others agreeing to remain in separate residences. Couples can also delineate certain properties, including earnings and income, as separate or marital, which can help the parties avoid having to categorize those assets at a later date. Couples can even come to an agreement on how specific assets will be disposed of if certain events occur, including divorce and death. This applies not only to personal possessions and similar assets, but also to business interests and retirement accounts.

In addition to financial and property-related considerations, spouses can even include details about child custody and child support arrangements in postnuptial agreements, as long as they do not waive the obligation entirely. Many couples also choose to include an agreement on the amount and duration of spousal support that one party will be expected to pay in the event of divorce when drafting their contracts.

Postnuptial Agreement Requirements

Postnuptial agreements must satisfy certain requirements to be enforceable in Florida courts. These requirements include:

  • Making a full and fair disclosure of the nature, value, and extent of both parties’ assets, including income;
  • Reducing the agreement to writing and making sure that it is signed by both parties;
  • Ensuring that the agreement is not the result of coercion, duress, overreaching, fraud, misrepresentation, or deceit; and
  • Making sure that the agreement is fair to both parties.

Although not technically required, couples are generally encouraged to each retain their own attorney before entering into a postnuptial agreement with their spouse, which can help ensure that the interests of both parties are protected and that an agreement is not later voided due to an avoidable error on either spouse’s part. For help ensuring that your own postnuptial agreement is drafted properly, please call our office today.

Legal Support in Fort Lauderdale, FL

To speak with an experienced prenuptial and postnuptial agreement lawyer about whether a postnuptial agreement is in your family’s best interests, please call Sandra Bonfiglio, P.A. at 954-945-7591. Initial consultations are offered free of charge, so please don’t hesitate to call or contact us online today.

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