Postnuptial Agreements

Postnuptial agreements (also known as postmarital agreements) are agreements signed by spouses who have already married each other but neither party has filed for divorce yet. Usually, a postnuptial agreement becomes effective when both parties have signed it; however, the parties can include in the agreement a later effective date or that the occurrence of a triggering event will cause the agreement to become effective.

Usually each spouse should have an independent attorney representing that spouse in the negotiation, preparation, and signing of the postnuptial agreement.

Postnuptial agreements should be in writing and signed by both parties. Parties are not required to sign a postnuptial agreement. A party’s entry into a postnuptial agreement must be free and voluntary. Both parties must provide financial disclosure to each other before the agreement is signed.

Parties may wish to sign a postnuptial agreement to divide their income, assets, and debts between them while they remain married to each other. Sometimes parties decide a postnuptial agreement would help one or both of them protect an inheritance, protect a business interest, re-allocate debt between them, or having the agreement may assist them in saving their marriage.

Like prenuptial agreements, a postnuptial agreement may not adversely affect a child’s right to receive financial support from both parents. Also, pre-determination of what is best for a child in a parenting plan far in advance would generally not be considered enforceable.

There are times when a court may find that a postnuptial agreement is unenforceable. Whether a court would consider a postnuptial agreement unenforceable is a fact specific inquiry. If you have questions about this, you should speak with a qualified Florida family law attorney.