This is the next post in a series of articles discussing postnuptial agreements and divorces for couples. My previous article explained why Melbourne couples might prefer postnuptial agreements over a divorce. Couples are often uncertain of how to end a marriage and have difficulty weighing their options between postnuptial agreements over divorces. Due to the potential consequences for both options, exploring your options with a lawyer in advance may be extremely beneficial. In this article, I will discuss the pros and cons of postnuptial agreements for Florida couples. If you are considering ending your marriage, contact my office to schedule a consultation with a family lawyer.
There are several positives that postnuptial agreements provide over divorces. First, a divorce completely dissolves a couple’s marriage while a postnuptial agreement does not legally terminate a marriage. Second, postnuptial agreements can be an useful option for couples who are thinking about divorce, but are still on the fence due to their religion or other factors. This allows couples to protect their rights regarding property division and financial support without officially terminating their marriage. Next, postnuptial agreements entered by couples are permanent and can last the duration of a marriage, unless the parties agree to modify it. Furthermore, postnuptial agreement allows the couple to retain certain benefits that are available only to spouses. This may include healthcare benefits, filing joint tax returns, social security benefits, retirement benefits, etc. These types of matters should be considered carefully by couples due to the potential financial impacts. An experienced attorney can explain how such factors can impact your case and it is recommended that you reach out to one if you and your spouse are considering such an arrangement.
There are some potential downsides to a postnuptial agreement that may make a divorce more appealing. A divorce decree entered by the Court terminates the marriage. A postnuptial agreement is only a contract and the couple is still married under the eyes of the law. These types of agreements in Florida may also be held unenforceable by the Court if certain conditions are not met. An experienced attorney can help you determine the best course of action moving forward whether it be a divorce or postnuptial agreement. They may also help draft a postnuptial agreement and ensure that it will be upheld if brought before the Court.
As a Melbourne family lawyer I am familiar with the handling of such matters. I practice exclusively in the area of family law and I understand that this is an important time in your life. If you or a family member require assistance then contact my office today to schedule an initial consultation. You may contact us online or telephone to get started today. 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.