Polk County Florida Family Law Firm providing Postnuptial Agreement Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.
What is a Postnuptial Agreement?
In short, a postnuptial agreement is a form of a marriage settlement. While marriage settlements and agreements cover areas needed in order for a marriage to legally be dissolved, post nuptial agreements often deal with monetary or other related issues that are outside of the normal scope of that which is needed to end a marriage.
Postnuptial agreements may sometimes include, but are not limited to:
Monetary regular payments or a lump sum payment that is outside the scope of alimony.
Stock or shareholder agreement of a company currently owned by or invested in by either spouse;
Equitable division of marital property and assets.
and other issues that spouses may choose to specifically address while ending a marriage.
One major difference between prenuptial and postnuptial agreements, at least as they pertain to probate rights, is that there is no duty to disclose the extent of a person’s estate in a prenuptial agreement, but full disclosure is required in a post-nuptial agreement.
What the Court Generally Considers in Postnuptial Agreement Cases?
While still considered under family law, postnuptial agreements are generally seen as contract law. A postnuptial agreement is a legally binding document that is executed the the time of a divorce becoming final.
If either party does not adhere to the terms of the postnuptial agreement is may be considered a breach of a contract and subsequent legal action may be taken to enforce the postnuptial agreement.
In certain cases, depending if the content and language of the postnuptial agreement, a breach of the postnuptial agreement may also allow for the the one the agreement benefits to also seek damages for noncompliance of the contract.
Again, based upon the content, stipulations, and language of a postnuptial agreement, if a breach of the contract occurs by the one the postnuptial agreement benefits, it could lead to the agreement to be legally voided.
What is your Postnuptial Agreement Attorney’s Role in your Case?
From negotiation of the postnuptial agreement to enforcement, your attorney will ensure your legal rights are protected. Your attorney will:
Work on your behalf during negotiations to ensure the contract contains proper language;
Ensure the postnuptial agreement contract clearly defines the responsibilities and limitations that have been mutually agreed upon;
Ensure that nothing is added to – or missing – from the agreed upon postnuptial agreement contract without your knowledge and authorization;
Ensure proper execution of the issues outlined in the postnuptial agreement according to the responsibilities and limitations of the contract;
And address any other legal issues concerns related to the postnuptial agreement.
For more information regarding postnuptial agreements in the State of Florida, contact our office by calling 863.937.9100.
Each postnuptial agreement attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your postnuptial agreement issues, as well as other divorce and family law related legal issues.
If you must address postnuptial agreement issues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced postnuptial agreement attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100.