Postnuptial agreements are made after the spouses have already entered into a marriage. There is no time limitation for the parties to enter into this form of contract after the marriage has occurred. These agreements are becoming more and more popular as the parties to a marriage may have overlooked or completely ignored the possibility of a prenuptial agreement before they got married. It is also common for people to enter into a postnuptial agreement during the marriage when one, or both, spouses attain greater income and wealth during the course of the marriage. Similarly, post marital agreements become ever important when one spouse enters into a business and wishes to protect his or her assets that may flow from the business.
Regardless of the reason, it is wise to get a postnuptial agreement if you have concerns about your rights and financial well-being. It is important that both parties enter into a postnuptial agreement voluntarily. If there is any duress or coercion on behalf of one spouse towards the other the whole contractual agreement may become void and unenforceable. This is so because the Courts will particularly scrutinize these agreements versus other forms of common contracts. This rests with the idea that when the parties are married they attain certain rights and responsibilities under the law. A post marital agreement may tend to overturn or hinder some of those rights, to some degree, and may run afoul of the law. They are also scrutinized by the Courts based on the preconceived and somewhat inaccurate notion that a party who seeks a postnuptial agreement is somehow engaging in divorce planning. While these views have changed over the years a great deal of caution should go into the planning of every marital agreement. An experienced Jacksonville Divorce Lawyer can answer all of your questions and draft a contract that protects your rights.
While many of the unfair treatment of postnuptial contracts by the Courts may have been curtailed it is still important to have a well planned and well drafted agreement if it is to survive judicial review. One of the first tenants all postnuptial agreements should start with is that of fairness. An agreement that is very lopsided in favor of one spouse over the other may draw the ire of the court system and may be stricken down. On the other hand, a well drafted contract can still pass judicial scrutiny and meet the needs of the spouse seeking the agreement. It is also highly favorable that both parties have separate attorneys who will review the proposed postnuptial agreement. This further cements the idea that both parties entered into the contract free of undue duress and coercion.
Do not enter into a postnuptial agreement without the benefit of experienced legal counsel by your side. This could be a critical mistake to make indeed. Contact our firm today if you are looking to protect your rights with a postnuptial agreement. Likewise, if your spouse has tendered to you a proposed post marital agreement do not sign the same without having us review the agreement first. We will make sure all of your rights are protected and will draft and negotiate a postnuptial agreement that works for you.