Postnuptial agreements are similar to prenuptial agreements. These contracts are voluntarily entered into and are completed once the couple has wed. The contract includes the potential division of assets and property in case of a divorce or should a couple want to live apart but do not want a divorce.
Florida Law has legal requirements for both prenuptial as well as postnuptial agreements to determine if they are enforceable. The first criteria must ensure that the post-nuptial agreement was not reached under fraud, deceit, duress, coercion, misrepresentation, or overreaching. The second criteria that must be met is the postnuptial is not unfair or unreasonable given the circumstances of the parties.
It is important that these types of agreements are drafted in accordance with Florida Statutes and the applicable case law in order to protect the best interests of both parties. An attorney with experience in family and marital law can assist in the negotiation of the agreement terms and help to ensure your assets and income are protected. It is recommended that both parties retain their own attorney to reduce the risk that a postnuptial agreement is invalidated. If you are considering entering into a postnuptial agreement, the law firm of D’Lugo and DeFlora, P.A. will work with you to create an enforceable postnuptial agreement.