Many couples choose to enter into prenuptial agreements in order to nail down complicated issues that they don’t want to fight over once they get married. However, for couples that did not sign a prenup (and in some cases, even for couples that did), there is still an option for resolving differences in a formal and final manner: the postnuptial agreement.
What is a Postnuptial Agreement?
A postnuptial agreement is a binding contract that spouses can sign to establish their respective rights and obligations both during their marriage and after their marriage is over.
Aside from being signed after the parties have exchanged their marriage vows, in many ways a postnuptial agreement is not all that different from a prenuptial agreement. Perhaps the most significant difference is simply that the parties now have the benefit of some hindsight to make decisions about how they want to split their assets and organize their lives.
When Do Couples Use Postnuptial Agreements?
According to a nationwide study, postnuptial agreements are growing in popularity. Whether to get through a rough patch, set ground rules in order to try to make a marriage work, resolve divorce-related issues in advance, or simply plan for the future, postnuptial agreements are helping countless couples live more manageable, lower-stress lives with the outcome of many of life’s more-difficult discussions already predetermined.
Postnuptial agreements can be used to address issues as wide-ranging as:
- How to spend the family’s discretionary budget
- How to account for financial windfalls, such as inheritances or significant salary increases
- How to manage the familial and financial impacts of a habit or addiction
- How to divide marital assets in the event of a divorce
Of course, each couple’s situation is unique, and crafting a practical and effective postnuptial agreement requires thorough consideration of all of the factors that may come into play under individual circumstances.
How Do We Create a Postnuptial Agreement?
Creating a postnuptial agreement starts with sitting down with a family law attorney to discuss your reasons for considering an agreement. There is more to creating a binding and enforceable prenuptial agreement than just jotting down some bullet points on a piece of paper. Even when couples have taken the first step of deciding to enter into an agreement, there are usually numerous additional considerations that need to be evaluated before they sign on the dotted line. An experienced attorney will be able to help you evaluate all of the issues and create a workable, enforceable agreement that serves your desired objectives.
Discuss Your Postnuptial Agreement with an Attorney at Beller & Bustamante, P.L.
If you are considering entering into a postnuptial agreement in Florida, the experienced family law attorneys at Beller & Bustamante, P.L. can help. With over forty years of combined legal experience, Rebeccah Beller and Mina Bustamante are intimately familiar with the laws and practical considerations impacting postnuptial agreements under Florida law. For more information, call (904) 288-4414 or schedule a consultation online today.