Postnuptial Agreement Attorneys
At Klein Law Group, our attorneys in Boca Raton, West Palm Beach and Fort Lauderdale can offer you peace of mind through the creation of a postnuptial agreement between you and your spouse. This agreement provides you with the opportunity to address issues with a spouse related to the division of property and division of assets in the event of a divorce or death, prior to a contentious event occurring that can result in a lengthy and difficult legal process.
Postnuptial agreements are similar in intent to prenuptial agreements, with the primary difference being that the agreement is entered into following a marriage rather than prior to a marriage. The purpose of an agreement is to specify the rights of each spouse in relation to the division of individual and joint property, as well as spousal support, should the marriage end due to divorce or death.
Each party entering into a postnuptial agreement should be represented by trusted legal counsel, and all aspects of the agreement should be clearly expressed, explained and agreed to by both parties. The agreement must be made in writing and must be executed voluntarily by each party. Postnuptial agreements, once created, provide each spouse with the knowledge of what to expect should the marriage end.
Postnuptial Agreement Attorneys in Boca Raton, West Palm Beach and Fort Lauderdale
Postnuptial agreements can protect your interests in the event of a divorce or death of a spouse. They are generally entered into following a change in financial or family circumstances and can provide peace of mind for both parties because they clearly stipulate what will happen in the event that a marriage ends. Our attorneys in Boca Raton, West Palm Beach and Fort Lauderdale are conveniently located in South Florida, providing compassionate, yet tenacious legal guidance and representation for individuals interested in preparing an agreement.
Contact Our Florida Postnuptial Agreement Lawyers Today!
We offer free consultations, allowing you to discuss your specific needs and providing the opportunity to get your questions answered. Call the South Florida attorneys at Klein Law Group today at 561-367-5166 for trusted legal agreement representation. If you prefer, you can fill out the form on the side of this page and one of our experienced lawyers will call you back.
Florida Postnuptial Agreement FAQs
A postnuptial agreement is entered into once a couple is already married. In some cases, the couple pursues an agreement due to impending marital conflict or a significant change in financial situations, but a postnuptial agreement can be entered into for any number of reasons following a marriage and at any time the couple is married.
Postnuptial agreements can include provisions related to the division of property, assets and debt
should a divorce occur. They may also include information related to spousal support. Provisions can relate to individually owned and jointly owned assets and property. Agreements can also include details related to parenting responsibilities, such as timesharing
and child support
, although these can be modified by a court if the couple becomes divorced. Agreements can specify different scenarios depending on whether the marriage ends due to divorce, separation or if one spouse dies.
When a married couple enters into an agreement, they agree to discuss and sort out financial decisions related to the dissolution of their marriage before there is a crisis. This means that each party can carefully evaluate what needs to be included in the agreement to protect their needs and can utilize the advice and guidance of an attorney to better ensure that their needs are met. By creating an agreement, changes to a couple’s financial situation or other family matters can be addressed before there is conflict. This can serve to avoid expensive litigation if a divorce ensues down the road and can protect a spouse and dependents in the event of one spouse’s death.
Because the decisions made and agreed to in a postnuptial agreement are legally binding and can greatly affect your future, it is important that each party be represented by their own lawyer. An experienced lawyer can provide you with solid legal guidance, represent your best interests, and ensure that you fully understand the agreement you are entering into. Having a trusted attorney on your side can go a long way in protecting your financial future.
A postnuptial agreement will be evaluated by a court to ensure that there was no coercion or duress during the preparation of the agreement, that there was full disclosure of all assets, income and liabilities during the drafting of the agreement, and that the agreement is fair to both parties. The requirements for full and frank disclosure are stricter in an agreement than in an agreement that is made prior to a couple entering into marriage.
A postnuptial agreement is enforceable in much the same way as a prenuptial agreement. An agreement, as with all other contracts, can be challenged in court, so it is important to ensure that the agreement is carefully prepared according to Florida family law statutes, is clearly worded and defined, and is signed and notarized by both spouses and witnesses.
We offer legal services in Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Fort Lauderdale, and surrounding areas.