Do “Postnuptial” Agreements Exist?

Prenuptial agreements, called ‘prenups,’ are more and more common nowadays, appreciated for their ease of use and relative simplicity. Florida’s laws governing prenups are also fairly broad, granting a healthy amount of leeway over what a prenup can settle and what it cannot. Some couples, however, may get married without one, and then seek to set some ground rules about a potential future divorce. If you are in this situation, know that ‘postnuptial’ agreements are possible, and in most cases, will be accepted just as readily as a prenup would be.

Prenups Can Be Broad

A prenup is a document executed by two people who are intending to marry, with the intention of answering questions that may come up in a later divorce. This may seem rather unromantic, but given that roughly half of all first marriages in the U.S. fail, some couples see it as simply being prepared.

Florida observes the Uniform Premarital Agreement Act (UPAA), which is a fairly broad regulation meant to specify what can and cannot be dealt with in a prenup. In general, the state statute allows the marrying couple to settle questions of spousal support, buying or selling real property, the choice of law that will be used to interpret the agreement, and many other factors. The only major issue that cannot be settled in a prenup is the right of a child to support from both parents.

Postnuptial Agreements Are Similar

It is not uncommon for couples to marry and realize that they have several unanswered questions between them that they would like to settle. This is where a postnuptial agreement is not only permissible, but recommended, particularly if divorce is on the horizon, rather than a mere future possibility. The entire point of these agreements is to save time by establishing the terms of your divorce, rather than waiting to hash them out.

One thing to keep in mind with both prenups and postnuptial agreements is that while Florida courts generally see these agreements as enforceable, this does not apply if the agreement is not executed properly. If it comes out that a pre- or postnup was executed under duress, or consent was obtained by fraud, the entire agreement is likely to be invalidated.

Contact A Hollywood, FL Prenuptial & Postnuptial Agreement Attorney

While it may ruin the moment a bit, having a prenuptial agreement is a good idea for many couples, particularly those who are embarking on a second marriage. A postnuptial agreement can give you and your spouse the same peace of mind if you failed to execute one before your marriage. A Hollywood family attorney from the Law Offices of Steven A. Mason, P.A. can help you protect your rights. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html