Postnuptial Agreements Lawyers in Gainesville, Florida

Though not all states recognize postnuptial agreements, the State of Florida allows a couple to make agreements either before or after marriage. If you do not currently have a prenuptial agreement in place, a postnuptial agreement can be an alternative to a prenuptial agreement for couples that are already married. With over 40 years of family law practice, our attorneys at The Law Office of Knellinger & Associates, have the experience and the knowledge to assist you with the creation of a postnuptial agreement for your marriage.

What is a postnuptial agreement?

A postnuptial agreement is very similar to a prenuptial agreement in that it is a contract between two people that typically covers a variety of financial related topics and sets forth the right that each party has to the other’s property throughout marriage and in the event of a divorce or death. These topics may include:

• Property division

• Wills and estate planning

• Alimony and financial support

• Personal rights and obligations

Married couples often decide to make a postnuptial agreement in attempt to alleviate a problem occurring in the marriage, especially financially related disputes, or to address and prevent potential problems in the future.

You may want to consider proposing a postnuptial agreement if:

• A prenuptial agreement was not created prior to the marriage, and you want to protect your assets or allocate debts

• A spouse wants to allocate funds to a child from a former marriage

• A spouse had a change in financial status

• Spouses disagree about finances and seek a resolution

• One or both spouses started a business after the wedding

If you have decided that establishing a postnuptial agreement subsequent to your marriage is right for you, keep in mind that the following elements are required to make the agreement valid:

• The agreement must be fair, in writing, signed by both parties, and appropriately witnessed

• The agreement must be executed voluntarily

• There must be full disclosure of property, assets, debts and income at the time of execution

The experienced family law attorneys at the Law Office of Knellinger & Associates can ensure that your contract is strong, enforceable, and clearly written.

It is also advised that each party seek their own legal representation when drafting a postnuptial agreement. That way, the court can be assured that each party had a different lawyer to explain the provisions to them and advise them of what is in their best interests. Our attorneys have years of experience in making sure that you and your spouse take the appropriate steps in developing a solid and enforceable contract.