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Florida Postnuptial Agreement Form FAQ
As long as both parties are in agreement to the terms of the post nuptial contract, and have the ability to put those terms into a legal document, most states don't make it a legal requirement to have an attorney.
Florida parties can make a postnuptial contract involving either or both of their parties no matter when or where it was located or acquired.If all these conditions are met, then the couple will enter into a legally valid postnuptial agreement, so long as the agreement is not unfair in the eyes of the court.
For a postnuptial agreement to be valid in Florida, both parties must fully disclose their assets to one another. If one party hid assets or did not tell the other person about money or other assets, the court is far more likely to set aside the agreement.
Postnuptial agreements must be in writing. Voluntary Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally.Generally speaking, to make a postnuptial agreement valid, both parties' signatures need to be notarized.
In general, you should expect that a postnuptial agreement will receive scrutiny from the court before it decides to enforce the agreement. As your family law attorney would advise you, these agreements are not usually signed under the best of circumstances in the marriage.
Yes, Florida law does allow for a legally binding postnuptial agreement. However, you must carefully follow all of the law's requirements in order for a postnuptial to be legally binding.
Attorneys will charge on average $1,000 for a simple postnuptial document and the costs can rise to around $3,000. Postnuptial agreements that are complicated in nature and require ongoing and prolonged negotiations and especially when substantial provisions and assets are involved, costs can start at around $10,000.