Contrary to popular belief, signing a pre-nuptial agreement is not the only opportunity a couple has to establish their ground rules. Both a pre-nuptial and a post-nuptial agreement may be signed by two parties who wish to define their rights and obligations during their marriage, in the event of death, or in the event of a divorce. However, the difference between the two is that a pre-nuptial is signed by two parties who intend to be married, and a post-nuptial is signed by two parties who are already married.
Pre & Post Nuptial
Both pre-nuptial and post-nuptial agreements are helpful tools to avoid costly litigation if a marriage, unfortunately, breaks down. They may also serve as a roadmap for how the parties should conduct themselves, and their finances, during their marriage. Both agreements can address a variety of issues, such as whether either party will pay support to the other; how assets and debts should be titled and/or distributed, or different and unique promises made by the parties to each other. However, neither agreement may address time-sharing, parental responsibility, or other children’s issues. Additionally, neither of them are modifiable by a court. They are only modifiable or terminable by the parties if they enter into another agreement that overrides, changes, or rescinds the original one.
Both pre-nuptial and post-nuptial agreements must be in writing for a Florida court to enforce them. It is also important for these agreements to be made without duress or coercion, and for the parties to exchange financial information so that they are both fully informed of what is on the table. If these and other requirements are not met, a court may decide to invalidate the agreement if either party ever files for divorce.
When it comes to pre-nuptial and post-nuptial agreements, it is highly important that you seek the advice and guidance of a qualified attorney. Whether you want to maximize the possibility that your agreement will be valid, or whether you seek to invalidate an agreement you were forced to sign, Strategic Family Attorney, P.A., is here to help. Contact us for a consultation.