My husband convinced me of signing a postnup agreement in 2015 in order for us to avoid a divorce, I really didn’t understand it but, to save my marring I signed it and we had it notarized but no witness. I don’t have a copy of it and his is in a bank box.
Yes, postnuptial agreements can be valid in Florida. Even if valid, some of the provisions may not be valid. You should discuss this with a family law attorney.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Yes, postnuptial agreements are valid in Florida, if the statutory requirements are met.
Florida law requires that the parties to a post-nuptial agreement provide full and complete financial disclosure by both parties, that both parties be represented by separate independent counsel, and that the agreement be entered into without duress or undue influence, and that each party enters into the agreement freely and voluntarily. If any one or more of those issues are not present, then the postnuptial agreement will not be enforced by the Florida courts.
A postnuptial agreement, as well as a prenuptial agreement, are very significant legal documents that deal with not only what happens in the event of a divorce or dissolution of marriage, but what happens when the first spouse dies. Issues such as elective share, homestead rights, rights to retirement plan proceeds, and many other rights are typically addressed in a postnuptial agreement.
Anyone contemplating a prenuptial or postnuptial agreement must consult with separate, independent counsel of their own choice for the agreement to qualify for enforcement by the Florida courts.
You should consult with an experienced family law attorney or estate planning attorney to determine how all of the above may affect your agreement. But, if you did not have independent counsel of your own choosing, then it is probable that the courts will not enforce that agreement.
Good luck to you.
Yes, they are legal to use, that does not mean that the one you signed is valid or was created properly or legally, there is a lot that goes into a postnuptial agreement and based upon what you have already stated in your questions, there may be issues and or problems with it that would limit its enforcement partially or even entirely based on all circumstances and disclosures. If you signed a marital agreement of this type, you should have been provided with a copy as well.
Yes, Florida law recognizes post-nuptial agreements. There are many requirements for a court to determine that same is valid and enforceable. Accordingly, I would suggest that you consider meeting with highly qualified counsel in order to discuss your matter and, if you are able to obtain a copy of same, in order to review the document that you signed with you.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
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