A postnuptial agreement in Florida is much like a prenuptial or antenuptial agreement in that it is a family law contract between husband and wife which sets forth terms for the splitting of assets, alimony or both should the marriage end in divorce. The difference between a prenuptial agreement and an antenuptial agreement is timing. A prenuptial agreement is executed before the marriage and a postnuptial agreement is executed during the marriage. The agreement may not be made to facilitate or promote the divorce; however, it is acceptable that the parties contemplate the outcome of the possibility of a divorce when entering into a postnuptial agreement. A divorce law firm in Tampa can help you draft a postnuptial agreement that is legally enforceable. Therefore, if you need assistance with a postnuptial agreement in Florida contact a divorce attorney in Tampa.
What Can be Included in a Postnuptial Agreement in Florida
There are many specific terms a couple may contemplate when entering into a postnuptial agreement in Florida. For example, the spouses may agree about living situations, such as living apart. Should separation be in immediate contemplation, it is not against public policy, and is therefore acceptable, for the parties to define their mutual rights and responsibilities with respect to support and custody of children, in addition to financial and property considerations. See Sedell v. Sedell. Spouses may even agree that in the event of a divorce or separation, that they will live together in the family home until it is sold. However, Florida divorce law does not allow for all issues to be included in a postnuptial agreement in Florida. For more information on what can be included in a postnuptial agreement in Florida contact a divorce attorney in Tampa.
Requirements for a Postnuptial Agreement
In order to be valid, a postnuptial agreement in Florida the agreement must not be the result of duress, coercion, or overreaching by either party. If the agreement was formed as the result of duress, coercion, or overreaching, the postnuptial agreement may be voided. Alternatively, if a party can show that they were induced to sign the agreement because of fraud, deceit, or misrepresentation, a court may set aside or modify the postnuptial agreement in Florida. Finally, if the postnuptial agreement was entered into without advice from counsel (a licensed attorney) and/or was entered into without a full disclosure of assets, then the court will look at the agreement with skepticism. An experienced Tampa divorce lawyer can help to ensure your postnuptial agreement is legally enforceable.
How to Void an Agreement
If the court finds that the postnuptial agreement is unfair, then a presumption is raised that the party did not have sufficient knowledge of the financial situation and as a result of his or her ignorance, his or her ascent to the agreement is considered involuntarily. This presumption can be overcome by showing that the shortchanged party did in fact have sufficient knowledge of the assets and income of the other party or that the other party made a full disclosure. See Macar v. Marcar. The fact that one party made a bad decisionwill not by iteself cause the court to modify or set aside the postnuptial agreement. See Chovan v. Chovan.
Voiding a postnuptial agreement in Florida is based on the specific facts and circumstances surrounding each case. To determine if you have grounds to void a prenuptial agreement in Florida contact a divorce law firm in Tampa.
Consideration for a Postnuptial Agreement in Florida
Because a postnuptial agreement in Florida is a contract, it must be based on valid consideration. Consideration is required for every contract in the United States. Consideration represents something that each party will give up or receive as a result of the agreement. Examples of valid consideration for postnuptial agreements include: one spouse’s duty to support the other spouse and the other spouse’s right to compel that support, mutual promises which encompass various rights or duties of the parties, or the mutual cancellation of a previous agreement, such as a prenuptial (or antenuptial) agreement. Unlike a prenuptial agreement, the marriage itself cannot be considered valid consideration. In post nuptial agreements, the marriage would have already occurred prior to the postnuptial agreement.
Tampa Divorce Law Firm
A well-executed postnuptual agreement should properly account for each party’s financial position. For help drafting or enforcing a postnuptial agreement you should speak with a local, Tampa divorce lawyer. To speak with a Tampa divorce lawyer at our firm call us today at 800 990 7763. We are available to answer your calls 24/7 and offer a free initial consultation with a divorce attorney.