This is the next post in a series of articles discussing Florida divorces and postnuptial agreements. My previous article explained the pros and cons of postnuptial agreements for couples. They are often uncertain of how to end a marriage and have difficulty weighing their options between postnuptial agreements and divorces. Due to the potential consequences for both choices, exploring your options with a lawyer in advance may be extremely beneficial. In this article, I will discuss the pros and cons of divorces for Florida couples. If you are considering ending your marriage, contact my office to schedule a consultation with a Melbourne family lawyer.
There are some advantages that make a divorce more appealing than a postnuptial agreement for Melbourne couples. First, the couple is no longer married in the eyes of the law after a divorce decree or order is entered by the Court. The divorce decree may outline custody arrangements and any other support that must be provided by either party. Second, divorce provides finality to spouses who desire to be separated. If the couple enters into a postnuptial agreement, then they will still be legally married and may still be liable for the acts of the other spouse. Suppose, for example, one spouse racks up a large amount of credit debt to purchase high-end fashion clothing and shoes. There may be a huge issue if the couple has a postnuptial agreement, which is found to be invalid, and the other spouse may ultimately be legally responsible for it.
Next, it is important to know that postnuptial agreements may be considered unenforceable if all of the conditions are not met. To be enforceable and legal, postnuptial agreements must meet certain requirements. The agreement must generally be in writing, signed by both spouses, and must include an accurate disclosure of each spouse’s financial situation. Both spouses have a fiduciary relationship to each other, so it is recommended that each spouse have independent legal representation. Suppose a couple enters into a postnuptial agreement that outlines a property distribution upon divorce. One of the spouses owns a business and hides funds in undisclosed accounts prior to the execution of the agreement. The couple eventually divorces and the other spouse discovers the undisclosed money. They may bring an action to gain a piece of undisclosed funds and argue that the postnuptial agreement should be unenforceable since the other party failed to disclose their full finances. An experienced attorney can help you determine the best course of action moving forward whether it be a divorce or postnuptial agreement.
If you are in need of assistance then contact my office today to speak with a Melbourne family law attorney. I practice exclusively in the area of family law and I understand that this is an important time in your life. 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.