Life is unpredictable, and while no one enters a marriage assuming the relationship will end at some point in the future, it may be helpful to prepare for this contingency. Many Florida couples find the thought of drafting a prenuptial agreement either unnecessary or unappealing for various reasons. You may not want or believe you need a prenuptial agreement, and like other couples, you walked down the aisle without legal and financial protection you may need in the future.
If you are already married, you are no longer able to create a prenup, but there are steps you can take that will allow you to protect yourself in case your marriage ends at some point in the future. A postnuptial agreement could be a valid option for you at this point. Like a prenup, it could be beneficial during the property division process in the event of a possible divorce.
A type of marital contract
A married couple enters into a postnuptial agreement after the wedding takes place. The general intent of these agreements is to outline how the property division process will work during a divorce. This can greatly reduce the chance for contention and complications in the event of a divorce. Consider the following about this type of marital contract:
- Postnuptial contracts are common for couples who have earned significant wealth or experienced a major financial change since they married.
- The courts often scrutinize postnuptial agreements, especially in cases where one party contests the terms of the agreement.
- A couple may decide to draft a postnuptial agreement if they are considering divorce and wish to make this process easier.
- This may be beneficial if one of the parties has accumulated significant wealth or a significant amount of debt since the marriage.
- Postnuptial agreements can include terms pertaining to property division, spousal support, division of marital debt and more.
If you are considering a postnuptial agreement, it is in your interests to ensure the contract is valid and enforceable. Before you sign a contract or make any important decisions that could affect you financially in the future, it will be in your interests to carefully consider how your choices could impact a potential divorce proceeding. An enforceable and carefully crafted postnuptial agreement can provide you with confidence and peace of mind regarding your interests going forward.