Florida Post-Nuptial Agreements

After tying the knot, the excitement of marriage in the Sunshine state begins. Regardless of your circumstances–young newlyweds managing busy schedules, retirees looking forward to their twilight years together, or anything in between–sometimes couples discover that along with the partnership and happiness of their marriage, they encounter questions related to finances that need to be addressed rather quickly. For many, quickly resolving those questions through a post-nuptial agreement takes care of the anxiety associated with these issues once and for all.

Benefits of a Postnup 

In the event your marriage doesn’t work out for some reason, wouldn’t it be nice to determine the best way to split assets as you part ways? Without documenting an agreement beforehand, you leave everything to a judge to decide. Under Florida law, the court will weigh factors such as the contributions made to the marriage, future earning potential, health issues, and more in order to come to what it considers an equitable distribution of assets and debt. Instead of leaving everything to chance, a post nuptial agreement can lay out your shared intentions.

Is Sharing a Lawyer a Good Idea?

While there’s no legal prohibition on sharing an attorney, it could be a problem in terms of each party having an advocate if or when their interests diverge. Additionally, at some point if you need to rely on the agreement, a judge may consider the fact that the parties lacked independent legal counsel as an indication that the postnup is less than fair or voluntary. Certainly, the duty of an attorney to provide care and loyalty can be questioned when that attorney represents both sides and there is a disagreement. Instead, it’s recommended that each party secure their own legal counsel, with whom they can honestly discuss concerns, look over disclosures, and get the facts they need to make informed decisions.

What About the Cost?

Yes, hiring two attorneys will hit your pocketbook, and the cost will depend largely on the complexity of your situation. If you’re in general agreement as to the details and your financial situation is pretty straightforward, the fees you’re looking at will likely be pretty manageable. If your agreement will be addressing more complicated issues such as blended families, businesses, rental properties and so forth, it will necessarily drive up fees.

If a Postnup for You?

 The experienced and committed Boca Raton family law attorneys at WiseLieberman are here to address all of your legal needs from legal documentation to divorce. To discuss, schedule a confidential consultation in our Boca Raton office today.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html