Most people know that a prenuptial agreement is a contract between spouses that establishes certain financial stipulations in the event of a divorce, but few have as much familiarity with postnuptial agreements. According to ABC News, postnuptial agreements can protect couples who did not sign a prenuptial agreement before getting married.
Much like a prenup, a postnuptial agreement can provide financial protection in the event of divorce. Some couples might sign such an agreement if they feel their marriage is in trouble, but CNN reports that many couples actually draft a postnuptial agreement as a kind of mediation to make their marriage stronger.
If you and your spouse would like to draft a postnuptial agreement, turn to Sandy B Becher PA. As a divorce attorney with more than 20 years of experience, Sandy B. Becher prides himself on providing quality, personalized legal counsel for each of his clients. Call 305-860-5811 today to schedule a consultation with a family lawyer in Miami.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract between spouses that dictates how they will address their financial affairs in the event of a divorce and how they will manage certain aspects of their lifestyle while still married. In a postnuptial agreement, you can address everything from asset division to the division of labor in your household. In order for a postnuptial agreement to be legally binding, you and your spouse must:
- Get it in writing;
- Sign and notarize it;
- Address asset division in a fairly equitable manner; and
- Fully disclose your financial situation when drafting it.
What Should I Include in My Postnuptial Agreement?
Financial disagreements are one of the leading causes of divorce, and drafting a postnuptial agreement with your spouse may actually strengthen your relationship. When devising your agreement, you will have to address your financial concerns and future goals.
You can include a variety of stipulations in your postnuptial agreement including:
- Which property should be joint and which should be separate moving forward;
- Who is responsible for which debts;
- How you allocate your incomes;
- How you will dispose of a family business in the event of death or divorce;
- How you will spend your marital money in the future; and
- How you will manage if one spouse develops a disability.
Will the Court Enforce My Postnuptial Agreement?
When it comes to postnuptial agreements, some states are more likely to enforce them than others. Courts in the state of Florida typically recognize the legality of postnuptial agreements; however, a judge may challenge certain aspects of your agreement in the event of a divorce.
If you would like to ensure that your postnuptial agreement is legally enforceable, contact a Miami divorce attorney from Sandy B Becher PA. Mr. Becher can help you create a postnuptial agreement from scratch or evaluate your postnuptial agreement before you and your spouse sign it.
Call 305-860-5811 today to schedule a consultation. You can learn more about family law and divorce in Florida by visiting USAttorneys.com.