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:

Prenup Postnup
Entered before marriage Entered after marriage
Makes the asset-division principle more transparent Leaves 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:

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  2. Independent Contractor Agreement
  3. Bill of Sale
  4. General Business Contract
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  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

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