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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.
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.
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.
Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.If any state laws are in violation within the postnuptial, the judge may throw out the entire document.
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.
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.