Getting married is a wonderful experience, but not all marriages end in the “happily ever after” that we often dream of. Divorce rates have increased over the years, and it’s important to be prepared for any scenario. This is why postnuptial agreements have become increasingly popular, especially in states such as Florida.
Postnuptial agreements, also known as post-marital agreements, are legal documents that outline the division of assets and liabilities in case of a divorce. These agreements are created after the couple has tied the knot, hence the name “postnuptial.”
In Florida, postnuptial agreements are governed by the Uniform Premarital Agreement Act, which also applies to postnuptial agreements. The act specifies that postnuptial agreements must be in writing, signed by both parties, and enforceable without the presence of fraudulent or undue influence.
When drafting a postnuptial agreement in Florida, it’s important to keep in mind that it must be fair and reasonable to both parties. It should also be specific in outlining what assets and liabilities are included in the agreement. A well-crafted postnuptial agreement can help couples avoid disputes and costly legal battles in the event of divorce.
Here’s an example of a postnuptial agreement in Florida:
This postnuptial agreement is made between John Smith and Jane Smith on June 1, 2021.
WHEREAS, John and Jane have been married since March 15, 2019, and have decided to separate their assets and liabilities in case of a divorce.
NOW, THEREFORE, the parties agree as follows:
1. Property Division: In the event of a divorce, John and Jane agree that their property shall be divided as follows:
a. John shall retain ownership of the marital home located at 123 Main Street, Miami, FL, and shall assume any mortgage or other debt associated with the property.
b. Jane shall retain ownership of the family car, a 2020 Honda Civic, and any other personal items currently in her possession.
c. John and Jane shall split all bank accounts, investments, and retirement accounts equally.
2. Alimony: John and Jane agree that neither party will receive alimony from the other in case of a divorce.
3. Attorney’s Fees: In the event of a dispute over the terms of this agreement, each party shall be responsible for their own attorney’s fees.
4. Amendment: This agreement may only be amended in writing signed by both parties.
IN WITNESS WHEREOF, the parties have executed this postnuptial agreement on the date first written above.
John Smith Jane Smith
In conclusion, a postnuptial agreement can provide peace of mind to couples who want to protect their assets and liabilities in case of a divorce. To ensure that your agreement is legally enforceable and fair to both parties, it’s important to consult with a family law attorney who is experienced in drafting postnuptial agreements in Florida.