A Guide To Creating a Postnuptial Agreement in Florida

Standardized Legal Documents A Guide To Creating a Postnuptial Agreement in Florida

Forgot To Create a Prenup? Create a Postnuptial Agreement in Florida Instead

Have you married the love of your life but want to protect your financial assets in case it doesn’t work out? If you have entered the marriage without signing a prenup, you can still outline asset ownership in a postnuptial agreement.

Writing postnups can be challenging because there are many prerequisites you need to consider. DoNotPay can guide you through the process of creating a postnuptial agreement in Florida to protect your possessions! Want to figure out how to write another contract? We can help you with that too!

What Is a Postnuptial Agreement?

A postnuptial agreement—also known as a postnup or a post-marital contract—is a legal arrangement between spouses. It determines the ownership and distribution of financial assets if the marriage ends.

Like prenups and settlement agreements, postnups focus on the financial aspects and do not regulate other marital issues.

Types of Postnups in Florida

There are three types of postnups:

  1. Agreement to divide assets and provide alimony in the case of divorce
  2. Distribution of financial assets if a spouse dies. This agreement supersedes wills and state laws
  3. A contract stating the duties of each spouse regarding child support, spouse support, and child custody in the event of a divorce

What Are the Prerequisites for a Postnuptial Agreement in Florida?

Contract laws differ from state to state, so it’s important to abide by local legislation. Florida requires that:

  1. You put the contract in writing. Verbal agreements are not legally binding
  2. Both parties agree to the terms and conditions and voluntarily sign the contract
  3. You get the document notarized by a notary public to confirm the above
  4. The parties disclose all relevant information in the contract
  5. The contract ensures fairness to both parties, instead of favoring one over the other
  6. You add only the terms and conditions acceptable to Florida’s Statute

What Should a Postnuptial Agreement in Florida Cover?

If you want to create a postnup yourself, search for contract templates online to get a basic idea of what to include. Here are a few crucial elements the agreement should cover:

  • Details of the property and inheritance
  • Division of the property—How to divide and distribute the property in the case of separation
  • Spousal support and alimony
  • Child custody and support
  • Shares and pensions
  • Debts, if any
  • Pet care
  • Liabilities and contingencies
  • Signature of both partners, confirming their agreement

Postnups are not one-size-fits-all agreements. Every couple has a unique financial situation, so it is necessary to personalize the contract to fulfill requirements.

Why Do You Need a Postnup?

Couples drawing up postnups are not necessarily only thinking about divorce or separation. There are other crucial reasons for entering this agreement. Consider entering a postnup if you need to:

  • Establish division and distribution of assets
  • Protect children’s inheritance, especially if there are children from previous marriages
  • Safeguard yourself from your spouse’s debts
  • Detach your property from a spouse careless about their finances

What Is the Difference Between a Prenup and a Postnup?

Prenups and postnups serve the same purpose of allowing the couple to ensure an equitable distribution of assets. They do have significant differences explained in the table below:

Entered before marriageEntered after marriage
Makes the asset-division principle more transparentLeaves certain assets tricky to divide

Are Postnuptial Agreements in Florida Legally Binding?

Postnups are legally binding in Florida. If a spouse violates the contract, they risk facing legal consequences.

It is imperative for both parties to thoroughly read and understand the contract before they sign it. If one party forces the other to sign the contract, it is not valid and will be nullified.

DoNotPay Can Create Various Legal Documents in an Instant

When creating any contract, you should obtain independent legal advice, but hiring lawyers can be quite expensive. Why put a dent in your wallet when you can use DoNotPay? For a small monthly fee, we can generate various agreements. Here’s how to do it::

  1. Register for DoNotPay
  2. In the search box, type the name of the document you need
  3. Answer our chatbot’s questions to customize the contract

And you’re done! DoNotPay will generate the document for you to download and print.

After signing the document, you may need to get it notarized. If you need help finding a notary, we can jump in!

Here are the legal documents we draw up for you:

  1. Non-Disclosure Agreement
  2. Independent Contractor Agreement
  3. Bill of Sale
  4. General Business Contract
  5. Non-Compete Agreement
  6. LLC Operating Rules Document
  7. Residential Lease Agreement
  8. Intent To Purchase Real Estate
  9. Estoppel Certificate
  10. Quitclaim Deed
  11. General Affidavit
  12. Promissory Note
  13. Prenuptial Agreement
  14. Child Care Authorization Form
  15. Child Custody Agreement

Are you worried because your document is not listed? DoNotPay is working round the clock to extend the offer, so stay tuned to find out more!

More Nifty Solutions to Annoying Problems

If you’re dealing with problematic neighbors or coworkers, you’re not alone—our app can help you handle these issues with our Neighbor Complaints and Fight Workplace Discrimination products.

No problem is too big or too small for DoNotPay! Check out the best time- and money-saving solutions to different nuisances:

Email spamUsing DoNotPay’s spam collector
High college feesApplying for college fee waivers
Bothersome robocallsGetting back at robocalls
Late deliveryRequesting a late delivery refund
No fax machineSending faxes online
High property taxesApplying for property tax exemptions and appealing your property assessment

An Array of Hacks To Help You Deal With Greedy Companies

Nobody likes to spend more money than they have to. DoNotPay is here to offer many penny-pinching hacks and also stop companies from taking advantage of you.

Almost every free trial nowadays isn’t really free. Companies request your credit card info and auto-renew subscriptions. Fight this sneaky practice by using DoNotPay’s virtual credit card next time you want to snatch a free trial. We’ll also uncover any unwanted memberships you have mooching off of you and help you cancel them in a few clicks.

If you need to contact a company’s customer service, avoid wasting your time and money on hold and count on our app to wait in your stead.

Do you need to get your money back, but you don’t know how? Use DoNotPay to:


Want your issue solved now?