Your Fort Walton Beach Family Law Attorneys
Life after marriage can be stressful, and worrying about your future assets and debts can make it even more so. In many cases, couples choose to create a postnuptial agreement to put these concerns to rest. A postnuptial agreement can protect or reorganize your marital properties in the event of divorce or death.
Unlike a prenuptial agreement, a postnuptial agreement is created after a couple is married. Although both documents can essentially accomplish the same things, postnuptial agreements require the disclosure of all financial information, whereas prenuptial agreements do not.
Discuss your postnuptial agreement concerns with one of our Fort Walton Beach lawyers. Contact us today.
Developing a Postnuptial Agreement
In order to be enforceable and valid within the state of Florida, postnuptial agreements must meet the following requirements:
- All information pertaining to the agreement must be written in the document. Oral agreements are not enforceable.
- All financial information, including assets, debts, and income, must be fully disclosed to both parties upon drafting the document.
- Both parties must sign the document purposefully and voluntarily.
- The terms of the postnuptial agreement must be fair and executable. In the event of a dissolution, the court will review the terms written in the agreement. If blatantly one-sided, the court will consider the agreement unfair and unenforceable.
- The agreement must be notarized within the state of Florida.
The proper family law attorney can help develop the right agreement for you and your spouse.
Through a postnuptial agreement, you and your spouse can predetermine:
- How assets and liabilities will be split in the event of a dissolution
- If and for how long spousal support payments will occur
- How assets will be handled in the event one spouse dies during marriage
Establishing these prior to a disillusion can greatly alleviate divorce negotiations or litigation down the road. In the event of a divorce, the postnuptial agreement can even be used as a separation agreement.
Experienced Family Lawyers
At The Virga Law Firm, P.A., we strive to provide peace of mind for you and your spouse. That is why we are dedicated to creating an agreeable and beneficial postnuptial agreement for you. Our Fort Walton Beach attorneys have over 80 years of combined experience and have helped hundreds of families with their legal needs. Contact us today for a consultation.
Call The Virga Law Firm, P.A. now: (800) 822-5170.