Postnuptial Agreement vs. Divorce in Miami
Prenuptial and Postnuptial Agreement vs. Divorce in Miami
Prenuptial and postnuptial agreement regularly factor into a number of Florida divorce cases. In situations where one or both spouses wield a substantial amount off assets before getting married, the spouses may cultivate a prenuptial agreement to protect these assets.
In a similar fashion, when spouses obtain significant assets during the course of their marriage, they may decide to enter a postnuptial agreement. This is both a way of demonstrating to the court how they want their assets treated in the case of separation, as well as a frequently beneficial alternative in considering postnuptial agreement vs. divorce in Miami.
When spouses produce a valid pre or postnuptial agreement, this can take a substantial amount of guesswork out of any divorce proceeding. This is due to the agreements notifying the court how the parties would prefer the court divide their assets.
Nevertheless, it remains important that spouses make these agreements in accordance with Florida law. If spouses or potential spouses don’t adhere to these legal impositions, the court may not enforce the agreement. In these situations, the court will disperse and divide property as the judge sees fit.
The Purpose of a Prenuptial or Postnuptial Agreement vs. Divorce in Miami
No matter if a couple enters into a pre or postnuptial agreement, the parties will have likely entered the agreement for one of the following two reasons:
- They wanted security and certainty concerning the division of their property.
- One party wants to protect the property rights their children possess.
Security and certainty represent a notable advantage of a pre or postnuptial agreement vs. divorce in Miami. If partners properly develop and implement this contract, a court will follow the agreement. This enables partners to anticipate what assets go where in the event of trouble down the road.
When one party in a marriage brings children from a previous marriage, a prenuptial or postnuptial agreement helps protect the property rights that these children wield. As an example, these agreements could prevent a stepmother or stepfather from inheriting what the child remains rightfully entitled to if their natural parent passes away.
A prenuptial agreement represents an agreement that partners enter into prior to marriage. Most partners enter these agreements to protect a substantial amount of assets that they want to keep in the event of a divorce.
These agreements must impart a few details including:
- In writing
- Signed by both involved parties
- Followed by a legal marriage
- Outlining terms and provisions
A postnuptial agreement is very similar to a prenuptial agreement concerning terms and requirements. However, the primary difference is that this agreement takes place once the parties engaged in a legal marriage.
Because the parties involved in postnuptial agreement after the marriage, the law requires full financial disclosure. This means that both parties must disclose their complete financial situation to one another truthfully and accurately.
A Postnuptial Agreement Could Save Your Marriage
When couples agree to postnuptial agreements, their attorney will help them draft the contract. Nevertheless, each party should wield their own attorney to ensure that the contract is fair and legal. When both sides harmoniously agree, the couple signs the document. The document is now a legal contract that binds their future financial behavior.
A number of partners find that this legal influence that the attorney provide offers them an excellent way to cultivate a working agreement. Furthermore, considering postnuptial agreement vs. divorce in Miami is extremely beneficial, often saving relationships as the spouses lay all of their financial information out on the table as they plan for their future together, and potentially apart.
Negotiating finances is in no way meant to implode an existing healthy marriage. Instead, its purpose is helping the other involved party understand collective interests. This process of harmoniously working together may create effective preservation of marriages, as well as relationships.
Postnuptial Agreement vs. Divorce in Miami from SchRamras & Diaz Family Law
The entire intention behind a pre or postnuptial agreement is defining how a couple wishes the court to divide their assets and debts during, or after a marriage. The State of Florida does not recognize Legal Separations. For this reason, postnuptial agreement vs. divorce in Miami represents an ideal solution to help spouses define their rights as they go through separation periods.
This enables both parties to discuss their assets, alimony, etc. When the couple drafts their contract, they can submit it to a court in order to address these issues. The court refers to these as actions unconnected to divorce.
Our firm SchRamras & Diaz Family Law strives for amicable resolutions in any marital dispute situation. After all, spouses remain far more functional while committing to each other as well as the family dynamic. This is something that our legal practice and our attorneys strongly believe in.
We recommend trying a postnuptial agreement vs. divorce in Miami before going straight for separation and divorce. You may discover that your issues with your spouse remain entirely workable. This will enable you to discuss your issues, abstaining from divorce and continuing on with the relationship.
For more information on postnuptial agreement vs. divorce in Miami, as well as our firm SchRamras & Diaz Family Law, contact our dedicated attorneys today. We went to help you determine the best course of action with your spouse. We may help you work things out as the most optimal possible solution!