Tampa Postnuptial Agreement Lawyer
Postnuptial agreements, as their name suggests, are entered into after a marriage has already taken place. However, these agreements do fulfill the same general function as a prenuptial agreement, in that they outline who will retain ownership of certain types of property in the event that a married couple decides to separate or divorce, or one party passes away. To learn more about whether drafting a postnuptial agreement is right for you and your spouse, please contact one of our dedicated Tampa postnuptial agreement lawyers today.
Drafting a Postnuptial Agreement
Although it may not seem like the most romantic gesture, drafting a postnuptial agreement is not only necessary for couples who are having marital conflict. In fact, many couples choose to enter into postnuptial agreements after a change in employment status, the birth of a child, or any type of change in finances. However, postnuptial agreements are only considered enforceable if they are in writing, signed by both parties, and don’t contain any prohibited information. Like prenuptial agreements, postnuptial contracts will also be deemed unenforceable if they are the result of coercion, fraud, or duress. In these cases, courts can decide to either eliminate the questionable provisions or throw out the entire agreement altogether.
What Can be Included in a Postnuptial Agreement?
Postnuptial agreements, like prenuptial agreements can cover a wide range of finance-related issues, including how certain assets will be disposed of upon the occurrence of a particular event, such as divorce. However, these types of agreements are also different, in that they can include information related to time sharing or decision making responsibilities. Aside from these issues, postnuptial agreements can also address the following topics:
- Which assets are considered non-marital assets and which qualify as marital property;
- Who will be responsible for paying off certain debts;
- Whether any funds are to be reserved for a child’s college expenses;
- The division of parenting time and parental responsibilities;
- Who will retain ownership of any pets;
- How cohabitation or remarriage will affect one spouse’s right to alimony; and
- The fate of shared mortgages or their equity upon dissolution of the marriage.
These are not the only topics that these kinds of agreements can cover, so if you have questions about what can be included in your own postnuptial agreement, it is important to speak with an experienced attorney who can advise you.
Common Mistakes
Although drafting postnuptial agreements has become increasingly common, many parties who enter into these types of agreements make avoidable mistakes that put the entire contract at risk of being thrown out. For instance, the use of unclear or ambiguous language can make a provision completely unenforceable. Many couples also fail to establish whether they will file their tax returns jointly or separately after divorce and how assets will be divided. Another common mistake is a failure to include a clause regarding indemnification of one spouse from the debts of the other.
Call Today for a Free Consultation
To schedule a free case evaluation with a dedicated postnuptial agreement lawyer, please call The Pawlowski//Mastrilli Law Group at 813-242-4404 today.
