Post Nuptial Agreements

Postnuptial agreements in Florida are treated as contracts and are subject to general contract principles. Generally speaking, the post nuptial agreement will act as the Marital Settlement Agreement if it addresses all matters related to the division of all assets and liabilities owned by either or both of the parties or in which a spouse has a financial interest or obligation.  They will not be enforced if procured by fraud, mistake, coercion, or duress, or if there is a lack of adequate consideration. Given the mutual trust and confidence inherent in a marital relationship, each party must exercise a high degree of good faith and candor.

The enforcement of postnuptial agreements is typically sought by the spouse who benefits financially from the agreement. Courts scrutinize these agreements more closely than ordinary contracts due to the non-arm’s length nature of the marital relationship. The Florida Supreme Court has emphasized the need for full disclosure of finances and the absence of compulsion in such agreements. This ensures that both parties enter the agreement voluntarily and with a clear understanding of each other’s financial situation.

If you are looking to enter into a post nuptial agreement or to enforce or defend an action for enforcement or contempt of a marital settlement agreement schedule your free phone consultation today.

Call:      954-727-6213

Email:   Familylaw501@gmail.com