This document contains several post-nuptial agreement clauses. The subjects addressed are: Guarantee of support payments and the purchase of a second house as one spouse's separate property. The husband agrees to purchase a second house as wife's separate property in exchange for her waiver of all interest in his business venture.
Florida Postnuptial Agreement Clauses
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FAQ
For a postnuptial agreement to be valid in Florida, both parties must fully disclose their assets to one another. If one party hid assets or did not tell the other person about money or other assets, the court is far more likely to set aside the agreement.
Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.
In fact, prenuptial and postnuptial agreements can only include information about financial matters and so should not include terms related to family matters, physical arrangements, or employment.
Consideration is a legal term that means that each spouse gives the other something in exchange for the agreement. In a prenuptial agreement, the marriage is the consideration. It will be important to follow the advice of an experienced family law attorney to determine the consideration for your postnuptial agreement.
Yes, Florida law does allow for a legally binding postnuptial agreement. However, you must carefully follow all of the law's requirements in order for a postnuptial to be legally binding.
What Is Typically Included In a Postnuptial Agreement?How the couple will divide property and other assets in the event their marriage ends.Whether one spouse will pay spousal support and how for long such support payments will be continued.More items...
A prenuptial agreement must be notarized by a certified notary public. The division of houses and property is normally included in prenuptial agreements, and Florida law requires that any contract involving real estate have two witnesses and a notary.