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Family law: Who benefits from a postnuptial agreement?

On Behalf of | Aug 6, 2021 | Family Law |

Saying I do can one day turn into saying I don’t, even though couples aren’t in that frame of mind when they tie the knot. Some Florida couples might not think it’s important to have a prenuptial agreement before the wedding, which could really be important in the future. Couples who don’t have a prenuptial agreement have the option — thanks to family law — to draft a postnuptial agreement.

When circumstances change

A postnuptial agreement provides each spouse with the same protections a prenup would have. Individuals might benefit from knowing more about this document and why it could be of benefit to both spouses. Circumstances of a marriage may change, especially financially, which could make a postnuptial agreement extremely important. Here are some situations when a postnuptial agreement could be beneficial:

  • If one or both spouses have children from previous relationships.
  • If one or both spouses are wealthy or are business owners.
  • If one spouse inherits a large sum of money or assets of great value.

Both prenuptial and postnuptial agreements can help protect separate assets, determine property division in the event of divorce and outline spousal support. It can also serve to prohibit disputes between a surviving spouse and heirs. Having a postnuptial agreement doesn’t mean either spouse thinks the marriage will end in divorce; it simply means the couple is prepared for that possibility.

Florida residents who are unsure of how marital contracts can help them might want to speak to an attorney experienced in family law. A judicious assessment of their individual situation may help a couple to understand how a postnuptial agreement might be a wise idea. It’s always prudent to be protected, even if the unforeseen never happens.