Postnuptial Agreement Florida Law

For a post-uptial agreement to be valid in Florida, both parties must disclose their assets to each other. If one party concealed assets or did not talk about money or other assets to the other person, it is much more likely that the court would set aside the agreement. It is also unlikely that both parties will not have the advice of counsel in the development of the document, if one of the nullable factors is available. Reflections: the marriage agreement must recite its consideration. In the case of a conjugal agreement, the consideration is marriage.8 In the case of a post-catch-up agreement, reciprocal promises including various rights of the parties were considered sufficient in addition to the assets available to them.9 Marriage contracts and post-marriage agreements may be a factor in divorces in Florida. If one or both spouses have significant assets before marriage, the spouses may enter into marriage contracts to protect these assets. If the spouses receive a significant amount of property during their marriage, they can do a post-marriage to inform the court of how they want those assets to be treated in the event of a divorce. If you have any questions about the well-being of a post-uptial marriage agreement, contact the McKinney Law Group, your Tampa Divorce Lawyer, for legal advice. A post-nuptial agreement is very similar to a marital agreement in terms of requirements and content; The main difference is that a post-uptiale agreement is reached after the parties have legally married. Since the parties are legally married, the law imposes an additional condition before the court recognizes and imposes a post-employment agreement: full financial disclosure. In other words, as part of the post-uptial agreement, both spouses must confirm that they have revealed the truth and accuracy of their complete financial situation.

This prevents a spouse from experiencing an asset gain (for example. B the winning lottery) and that he does not conceal such an asset from the other spouse.