The prospect of divorce can bring out the worst in either or both spouses. The longer it takes, the more havoc it can wreak on your emotions. Before you know it, your feelings have taken control of your decision-making, which is often a recipe for disaster.
What if you could settle at least some of your divorce issues before you even file the paperwork? A postnuptial agreement empowers couples to address potentially sensitive divorce elements in advance.
Can a postnup aid in your divorce?
You have probably heard about prenuptial agreements. The only difference between a prenup and a postnup is timing. Premarital agreements occur before the wedding, while postnuptial contracts occur after you marry.
A valuable benefit of a postnuptial agreement is that it allows you and your spouse to address property division ahead of your divorce – while your relationship is healthy. If you wait until your marriage fails and divorce proceedings start to talk about finances, bitterness or emotional pain may lead to poor decisions.
What matters cannot be settled in a postnup?
You cannot decide child custody and support in a postnuptial agreement. Child-related divorce issues must occur in a more formal setting, such as a family courtroom or during mediation sessions.
Are postnups legally binding?
While a court or judge has the authority to overrule a postnuptial agreement, they are generally valid and binding when created carefully. A few reasons why courts might invalidate a postnup include:
- It is not in writing
- It arose out of force, fraud or coercion
- Its provisions are “grossly” unfair to a party
- It is incomplete or contains false information
Learn more about the link between postnuptial agreements and divorce in Florida to determine if a postnup will benefit your situation.