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:
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.
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
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.
The Law Office of Knellinger & Associates provides legal advice and representation for individuals, entrepreneurs, and business owners in Gainesville, Florida, and communities throughout north central Florida, including cities such as Ocala, Starke, Palatka, Lake City, Middleburg, Trenton, Bronson, Lake Butler, Cross City, Williston, Chiefland, Alachua, Jasper, Live Oak, and Jacksonville, Florida.
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