This is the next post in a series of articles examining the pros and cons of postnuptial agreements and divorces for Melbourne couples. I chose to write on this topic due to the potential advantages of a postnuptial agreement over divorces. There are many common misconceptions about these types of agreements. My previous article provided an overview of the topics to be discussed throughout this series. It also stressed the importance of consulting with an experienced family law attorney when considering ending a marriage. Given the potential long-term consequences of entering a postnuptial agreement, exploring your options with counsel may be extremely beneficial. In this article, I will discuss situations in which entering into a prenuptial agreement may be preferable over a divorce. If you need assistance, contact my office today to schedule a consultation with a family law lawyer.
In Florida, a postnuptial agreement is a legal document that a couple creates after they are already married. It outlines how their assets will be divided in the event that they divorce. This type of agreement is similar to a prenuptial agreement, a document created before the marriage. A postnuptial agreement, on the other hand, is created during the marriage. Child custody cannot be pre-determined through a postnuptial agreement or similar agreements. Couples should understand that they may ultimately decide to formally end their marriage with a divorce at some point in the future. A postnuptial agreement can determine how matters will be handled at that time and can help the parties to avoid lengthy litigation.
There are several reasons why couples may prefer a postnuptial agreement over a divorce. First, a postnuptial agreement may allow the couple to protect assets that were brought into marriage. Second, a spouse may want to protect their interest in a business so a postnuptial agreement is a common tool to achieve this purpose. Finally, given that Florida does not recognize the concept of legal separation, it can help the parties to protect themselves in the event that they split without filing for divorce.
If you are considering obtaining a postnuptial agreement then it is strongly suggested that you retain an experienced family law attorney to assist you. Failing to properly draft the agreement can result in it being found invalid by the Court. Also, even if the agreement is not found to be invalid, the omission of an asset or liability can lead to additional litigation in the future. By retaining counsel, you help to ensure that the matter is handled properly.
My firm has extensive experience working with clients in each of these situations. I take pride in providing the highest level of customer service to my clients during this difficult process. Contact us online or by telephone to get started. We also serve clients in Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.