Unlike pre-nuptial agreements which are entered into before a marriage, post-nuptial agreements are entered into after a couple has married. Post-nuptial agreements are marital agreements that spouses enter into so that possible conflict may be avoided in the event the marriage should fail at a future date. In some situations, one spouse or the other may feel that a pre-nuptial agreement no longer seems fair or suitable because of economic or other reasons, and may wish to enter a post-nuptial agreement. While no one enters marriage thinking that it may end in divorce, the unfortunate fact is that many do. As experienced family law attorneys, we realize that not every couple needs or desires a post-nuptial agreement, but there are situations in which it is a good idea to consider it.Post-nuptial Agreements in Orlando and Throughout Florida
Many spouses are not clear about the type of information contained in a post-nuptial agreement, or any type of supplemental or marital contract entered into by both parties. As skilled and capable marital agreements attorneys, we advise anyone considering a post-nuptial agreement to discuss the situation with a lawyer first. We can provide you with the guidance necessary to ensure the agreement is properly formed and valid.
Post-nuptial agreements generally include information regarding property, spousal support, and more. For example, the following would typically be included in such an agreement:
- Instructions should one of the spouses pass away
- Identification of current and future individual and marital property
- Determination of alimony or spousal support should the marriage fail
- Details regarding forfeiture of property should a spouse commit adultery
- Agreement to guardianships
Essentially, post-nuptial agreements are financial planning tools that may benefit both spouses. Couples who divorce and who do not have an agreement in place will find that in Florida, the laws pertaining to property or assets that have been acquired during the marriage are complex. Having a post-nuptial agreement in place can be beneficial to both spouses, and offer peace of mind for the future.Contact Adams & Luka Now Regarding Post-Nuptial Agreements in Florida
Post-nuptial agreements ultimately help couples anticipate changes that may occur in a marriage, address those changes, and provide a measure of comfort as relationships change over time. Because these types of marital agreements generally focus on financial concerns, spouses can place the focus on building a stronger emotional relationship rather than placing the focus on assets, debts, property one spouse or the other owned prior to the marriage, and other issues that can cause dissention.
For assistance determining whether you and your spouse should consider post-nuptial agreements, contact the Orlando family law attorneys at Adams & Luka now. Serving clients in Central Florida, we invite you to call us at 407-872-0303 or 352-357-4084.