Married without a Prenuptial Agreement

If you are considering getting married, you may have heard that you should have a prenuptial agreement. What is a postnuptial agreement and how can a divorce lawyer in Tampa, FL, help you create one?

A prenuptial agreement is an agreement between two people planning to marry. It defines what will happen to your property and finances should your marriage end in divorce. You may think that you do not need a prenuptial agreement because you trust your future spouse or because you do not have much property or money.

However, if you divorce without a prenuptial agreement, Florida law will determine the division of your property, and you may not like the results.

What Happens if You Divorce Without a Prenuptial Agreement?

If you divorce without a prenuptial agreement, the court decides how to divide your property and debts. Florida has no community property. Florida courts follow the doctrine of equitable distribution when dividing divorcing couples’ marital assets.

Can a Divorce Lawyer in Tampa, FL Help Me Create a Post-Nuptial Agreement?

A postnuptial agreement is a contract entered into by a married couple after they have wed. The agreement spells out the rights and obligations of each spouse in the event of a divorce or separation. Post-nuptial agreements are legally binding, though there are some exceptions.

Why create a postnuptial agreement?

For some couples, a post-nuptial agreement can provide much-needed clarity and peace of mind. Here are some reasons why you might want to consider a post-nuptial agreement:

• You want to protect yourself financially. Maybe, you’re worried about your spouse’s debt. Maybe, you’re concerned that your spouse will stop working or that their income will decrease during the marriage. A postnuptial agreement alleviates these concerns by ensuring that each spouse is only responsible for their debts and financial obligations.
• Your relationship has changed since getting married. It’s not uncommon for a couple’s relationship to change over time, especially after having children. If you find that your relationship has changed significantly since getting married, you may want to consider a postnuptial agreement.

How Does a Post-Nuptial Agreement Work?

A postnuptial agreement is essentially a contract between two spouses. The agreement spells out each spouse’s rights and obligations in the event of a divorce or separation. It will also outline the division of property in the event of a divorce or death, as well as how to handle any debts or financial obligations.

It’s important to note that post-nuptial agreements are legally binding, though there are some exceptions. That means that if you do end your marriage, the terms of your post-nuptial agreement will likely be enforced by the court.

If you’re considering entering into a post-nuptial agreement, it’s important to consult with an experienced attorney who can draft the agreement and ensure that it’s fair and equitable for both parties involved.

If you’d like to discuss your situation or you need help creating a prenuptial or postnuptial agreement, contact Geller Family Law at (813) 405-1509.