Experienced Family Lawyers Draft Postnuptial Agreements in Miami, Florida
Reliable advice helps you execute a valid contract to protect your rights
Postnuptial and postmarital agreements are contracts that married couples create to set forth each party’s rights and responsibilities during the marriage and in the event of death or divorce. You don’t have to be considering divorce to execute a postnuptial agreement, but it can be drafted as the basis of a separation agreement when divorce is imminent. At Rafool, LLC, in Miami, our family law attorneys regularly assist married clients in forming postnuptial agreements. We have in-depth knowledge of the law and are highly skilled in negotiating and executing valid contracts that can hold up in court. If you are a couple of means, a two-career couple or have children from a first marriage for whom you want to provide, our attorneys can help you achieve an agreement that meets your needs.
Legal requirements of a Florida postnuptial agreement
A postnuptial agreement is similar to a prenuptial agreement, except that the parties are already married. The main purposes of this kind of contract are to:
- Delineate property rights in the event of divorce
- Delineate property rights in the event of death
- Delineate the obligations of each party during the marriage
A postnuptial agreement is a contract, so it must satisfy these requirements for a valid contract in Florida:
- Must not be executed under duress or coercion
- Must not result from fraud or misrepresentation
- Must be made with financial disclosure from each party prior to signing
- Must not be so one-sided that the terms are unconscionable
Contract law also requires consideration. As your Miami family law firm, we can help you understand the nuances. With a prenuptial agreement, the fact that the parties subsequently get married acts as consideration for the contract. But parties to a postnup are already legally married, so the law demands some action by the parties, such as mutual promises that encompass various rights or duties or the mutual cancellation of a previous agreement to act as consideration.
There are also formalities of execution that the parties must observe when necessary. For example, if the agreement contains testamentary provisions, it must follow the rules for executing a will. Florida law requires a will to be signed in the presence of two witnesses, who must also sign in the presence of each other.
Challenging a Florida postnuptial agreement
If the couple divorces or one of the spouses dies, the agreement should be presented to the court as part of the proceedings. A party may challenge the validity or enforceability of the agreement on the points discussed above. The court can rule the agreement invalid in whole or in part for a number of reasons, such as:
- Coercion — Evidence that a party was forced to sign and did not submit voluntarily to the agreement can render the contract void.
- Unconscionability — If the contract is so one-sided that it would offend justice to enforce it, the court can void the offending sections.
- Fraud — If a party signed because of the other’s deceit or misrepresentation or because the other party did not make a full disclosure of finances, the court can void the contract.
However, a court will not necessarily bail out a party who simply entered into a bad bargain. For this reason, you must have experienced legal representation when you form the agreement and at any proceeding where the agreement is at issue.
Contact our Miami family law firm for reliable guidance on postnuptial agreements
If you are considering a postnuptial agreement, the experienced family law attorneys at Rafool, LLC are ready to assist. We take meticulous care to ensure that your agreement is validly executed and that it addresses all areas of need. For immediate assistance, call us at (305) 567-9400 or contact our Miami office online to schedule an initial consultation.