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Many couples decide to sign a post nuptial agreement to help decide about the distribution of their individual and marital assets and incomes in even of a legal separation or divorce. This agreement is a legal document with many minor details, which, if overlooked, can cause a lot of legal problems later. Answered in this article below are some of the most commonly asked questions about post nuptial agreements and their legal implications. What does one mean by post nuptial agreement?
An agreement that is signed by a couple once they decide to get a divorce or separation is called post nuptial agreement. This helps the couple decide how their income and assets may be divided after the divorce or legal separation. This agreement typically includes all of the couple’s assets like house, income or business and the decisions on how these are to be distributed. The agreement has to be a written one and not an oral one for it to be enforceable in a court of law. It should fairly disclose all the assets of both the involved parties. It should also be signed voluntarily and neither of the parties should be forced to do so. Is a post nuptial agreement required to be written by an attorney?
Ideally, it would be better if the agreement is created and written by an attorney, although it is not a necessity. If it is not written by an attorney, there are chances that one may miss out on some legal points that can lead to problems later on. It is advisable that both the parties get legal advice from separate attorneys since they both give up their rights on each other’s assets. This will avoid invalidation of the agreement by the court. Will a post nuptial agreement be considered invalid in Florida if a disclosure of assets is not attached?
The laws governing post nuptial agreements may differ in different states. In some states, like Florida, it is considered best practice for both the parties involved to attach a complete disclosure of their assets in the agreement. This is because, if the disclosure is not attached, it can be very easy for the other party to challenge the agreement. When is a post nuptial agreement considered to be valid?
A post nuptial agreement may be considered to be valid only if it was signed after a divorce and no one was under any kind of pressure while signing it. The law of most states may not consider a contract that allows separation in the future. It will also not be considered as a valid agreement if someone was forced by coercion to sign it. Will child custody, child support and visitation rights be included in a post nuptial agreement?
Child custody, child support and visitation rights may not be bound by the post nuptial agreement. These decisions may be taken after seeing what is in the best interest of the child. The court also retains the rights to modify custody and visitation time in case any situation arises in the future. Issues related to post nuptial agreements can be complicated and confusing to understand. One may have their questions regarding these agreements answered by asking a family lawyer.
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