Postmarital/Postnuptial Agreements

Serving Pasco, Pinellas and Hillsborough Counties with law offices in Largo, Holiday & Palm Harbor

K. Dean Kantaras is Board Certified in Marital and Family Law by the Florida Bar

Postmarital agreements, also called postnuptial agreements or marital agreements, are agreements made by spouses after marriage and while they are still married. A key element to creating a legally enforceable postmarital agreement is fairness. These contractual agreements made between spouses are allowed in Florida but, to be enforceable, the advice of a skilled Tampa family lawyer should be sought to avoid making mistakes.

There are times when postmarital agreements may make sense to a couple. If the spouses wish to ensure that certain property is separate property, they can enter into a postnuptial agreement to effectuate this desire. The postmarital agreement would have the same effect as though the parties had entered into a premarital agreement to keep property separate. It is important that postnuptial agreements be voluntary. Should coercion be found, the agreement can be voided and rendered unenforceable.

Under Florida law, should a postmarital agreement waive rights of one spouse on the death of the other spouse, both spouses are required to make a full and fair disclosure of assets. A full and fair disclosure of this type is not required in Florida for similar premarital agreements.

Postnuptial agreements can be used to address many situations such as the rights of each spouse to manage property, debt, and estate planning concerns. These types of agreements can be simple or extremely complex. Postmarital agreements are not separation agreements, but sometimes may be useful in settling terms such as child support, alimony, or custody, in anticipation of a separation or divorce. Postnuptial agreements can also be developed to protect the assets of one spouse from the debts of the other. A skilled matrimonial attorney can help spouses to determine the appropriateness of a postnuptial agreement given their circumstances and concerns.

Experienced and dependable - K. Dean Kantaras

If you have questions about any aspect of divorce law, including postmarital agreements, the family lawyers at the Law Offices of K. Dean Kantaras, P.A. are available to assist you in resolving your matter. Our divorce lawyers in St Petersburg are ready to provide you with the skilled, compassionate, and ardent legal representation that you need to protect your rights and move forward to your future. Contact the Law Offices of K. Dean Kantaras, P.A. to speak to an experienced divorce lawyer in Tampa today.