At TK Law, we help spouses in Orlando and Central Florida protect their financial futures and the futures of their children through carefully drafted postnuptial agreements. Also called a postmarital agreement or “postnup,” this is a legal contract drafted during a marriage that sets forth how assets, debts, alimony, and certain other financial issues will be handled if the marriage ends in divorce or upon either spouse’s death.
The process and legal conditions are the same as for a prenuptial agreement. However, because postnups are made during marriage, the perspective is different.
When drafting a prenuptial agreement, couples who are engaged are doing their best to prepare for foreseeable marital issues.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
However, in forging a postnuptial agreement, a husband and wife have experienced living together in the confidential relationship of marriage. Changes take place during marriage that may call for a couple to consider a postmarital agreement to set expectations about their financial future together or apart. A postnup may also be drafted for couples who decide to amend the terms of their prenuptial agreement.
When neither a prenuptial or postnuptial contract is in place during a divorce proceeding or after the death of a spouse, Florida courts will decide how the marital assets and debts are to be “equitably” divided.
Skillful Management by a Postnuptial Attorney
At TK Law, our competent divorce attorneys can offer you understanding on the genuine purpose of a postmarital agreement as we draft, review, or modify the contract. While many view postnuptials as a backup plan for divorce, we stress the significance that these agreements often add security to the marriage for the spouses and their children.
Because these are legal, binding documents, your TK Law attorney will ensure that content and language complies with Florida law. A crucial factor to creating a legally enforceable postmarital agreement is fairness.
An experienced TK Law attorney can discuss a customized postnuptial contract for your family in a consultation. Call 1-855-Kramer Now (1-855-572-6376) to schedule.
Why a Postnuptial Agreement may be Beneficial
Couples negotiate postnups for various reasons, and financial security is one of them. A postmarital agreement ensures both spouses have a say in how any assets or liabilities should be divided after divorce or the death of either spouse. For many families, the desire to guard the rights of their children or other beneficiaries to an estate takes priority over other matters.
A prenup or postnup cannot address issues pertaining to parental responsibility or child support. These legal agreements only apply to the equitable distribution of assets and debts, whether alimony will be waived, or may describe each spouse’s obligations during the marriage, such as who is responsible for certain expenses or whether the parties will file a joint federal tax return.
Situations in which a postnuptial agreement may be beneficial include:
- You have assets such as a home, vehicles, stocks, or a retirement fund
- You own all or part of a business
- You may receive an inheritance
- You have children or grandchildren from a previous marriage
- One spouse earns considerably more than the other spouse
- One spouse has a loved one who requires special care
- You anticipate a significant increase in income
- Blended families that include biological children, stepchildren, or adopted children
- One spouse will support the other through college
Financially Sound Agreements from an Experienced Attorney
It is critical that your postnuptial agreement is drafted with expertise and detail. In order to protect you against losing assets, your postnuptial agreement must use carefully worded and specific language.
As with any legal contract, a spouse may contest a postnuptial agreement in court if it has not been properly executed. Common attacks on postnups include coercion, misunderstanding, or fraud. Both parties must willfully and voluntarily accept and sign the agreement.
Our attorneys pay close attention to the goals, needs, and circumstances of our clients when drafting and negotiating these agreements. The family law attorneys at TK Law will not casually draft an agreement with general terms.
Prenuptials and postnuptials can touch on many different areas of the law and require experience in specialized fields. TK Law is a law firm ready to handle any legal issue that families may face in their lifetime. To learn more, Contact TK Law today to schedule an appointment with one of our skilled attorneys.