While many people sign premarital agreements prior to the marriage that identify property interests for each spouse, a couple can also sign a post-marital agreement after the wedding that provides the same benefits. Similar to premarital agreements, post-marital agreements must abide by certain rules per Florida law or else risk being invalidated by the court at a later date. At the law office of Blair H. Chan, III, our experienced Tampa family law attorneys are here to help you draft a comprehensive and legal post-marital agreement that will benefit you and your spouse. To learn more, call or contact our office today.
Procedural Requirements
A post-marital agreement is like any other contract, in that there are rules which must be followed in order for the document to be considered a valid agreement. In the case of post-marital agreements, both spouses must make a full disclosure of the extent, nature, and value of all their assets and liabilities. It must provide detailed information about the property interests of both spouses in the case of divorce or death as well as be signed in front of two disinterested witnesses if the agreement provides any disposition of assets as part of an estate plan.
This type of agreement can also waive the right to alimony, specific financial accounts like retirement or pensions, or any specific rights upon the death of a spouse. However, both spouses should be represented by independent counsel when drafting and reviewing a post-marital agreement in order to ensure that it is fair to both sides and that one spouse did not sign it under duress.
Invalidating Terms
A post-marital agreement does not allow a couple to determine every aspect of their property and financial affairs, and if certain elements are included in this document it can result in that section or the entire agreement being thrown out in court. For example, a parent cannot waive the right to pay or receive child support, nor can it prohibit a parent from custody or visitation. In addition, the property interests for each spouse must be conscionable, meaning that one spouse cannot keep everything and leave the other spouse with nothing. Although television tropes lead many people to believe that this can be done with a pre- or post-marital agreement, in reality if this occurs the document will likely be thrown out by the court.
Other Means of Invalidation
There are also other circumstances that may lead to the invalidation of a post-marital agreement in Florida. One example is if a spouse signed the document under duress, either without their own independent counsel or because their spouse threatened divorce if they did not agree. Fraud or forgery in the document are two other reasons why it may be invalidated later in court if it is determined that the document signed was not what the spouse agreed to.
