What are the Florida postnuptial agreement requirements? If you want to protect your assets from a messy divorce, this article is for you.
Florida is one of the top states in terms of divorce rates, so you may be wondering how you can protect yourself. Even if you’ve already tied the knot without a prenuptial agreement, you still have options. If you are interested in learning about Florida’s requirements for postnuptial agreements, keep reading. This article provides a quick introduction to the Florida postnuptial agreement requirements to give you an idea of what you need to do.
What is a Postnuptial Agreement?
A postnuptial agreement is a written document between spouses that can include a variety of important clauses related to finances, property, and family dynamics. For example, it might specify how a couple wants to divide their savings and investments, who keeps the home, alimony arrangements, division of debts, and even who gets the family dog if divorce becomes necessary. As a result, a postnuptial agreement protects both spouses and can save on costly divorce and litigation expenses by covering these key areas.
What Are the Florida Postnuptial Agreement Requirements?
If you are considering a postnuptial agreement, it must meet certain requirements. These include:
- Under Florida law, it is invalid if either spouse is coerced into signing an agreement without their free and willing consent. This means that the agreement cannot be enforced, and the parties cannot go to court to try and get what they are owed.
- An agreement must be in writing and notarized by a notary public for it to be valid. For example, an oral postnuptial agreement is not valid, nor is it valid if only one person signs it. Additionally, the agreement must include signatures from two witnesses if real property is involved.
- Couples must completely and honestly disclose their financial information, including all sources of income, assets, property, and debts. If the couple divorces and one spouse can prove that the other spouse withheld any financial information from the court, the court may not uphold the agreement.
- The courts may not uphold the agreement if one spouse receives the bulk of the assets and causes the other to be financially precarious.
Ready To Talk About Your Postnuptial Agreement?
Speak to a family law attorney before signing an agreement. If you still have questions about what are the Florida postnuptial agreement requirements in Florida, or if you have been married before and want to make sure your future agreements are in line with state law, get in touch with Farber Law, P.A. at (305) 520-9205. Our attorneys will be happy to help you understand the nuances of postnuptial agreement laws in Florida and provide valuable guidance as you move forward with any future planning.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the Blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.