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Orlando Criminal Attorney > Blog > Marital Agreements > What is A Postnuptial Agreement?

What is A Postnuptial Agreement?

Prenuptial agreements are essential today, and are not just to ensure that the original assets return to the original owner should there be a divorce. Prenuptial agreements also help prevent any surprises in court while in duress through this process in the event of a split in partnership. A prenuptial agreement, against popular belief, is not just for high-end celebrities or those with elite financial statuses. Prenuptial agreements help protect all parties, and their best interests, and are for everyone who is entering into a legal partnership; or marriage. What is wonderful about these legal agreements, these contracts between partners, is that they can consist of whatever the parties desire. This, of course, does not include child visitation and child support; those must be addressed based upon equations and standards set forth by a court of law. Prenuptials take the guessing out of the game, and give each person the security in knowing where they stand should things fall apart.

But what happens if you did not put a prenuptial agreement into place? Is it too late? It isn’t. Postnuptial agreements are gaining in popularity in today’s society just as much as prenuptial agreements are gaining in popularity. Postnuptual agreements are a legal contract put into place after a legal marriage has taken place. Let’s note that In Florida, if parties have combined their lives in a partnership, but are not married, a contract can be put into place however it is not called a postnuptual agreement as common law marriages are not recognized in this state.

The postnuptial agreement is just as legally binding as a prenuptial agreement, in fact, many times, a postnuptial agreement can smooth out a rocky road in a relationship. “How?” you ask. Think about all the times you have heard co-workers and friends complain about the dynamics of their relationships. In general, people seek community for support with their day-to-day life problems. Counsel among friends can be relieving; relieving of stress maybe, but it does not usually resolve the problem; the stressor. And that relief? It is usually just temporary. When you hire an attorney for a postnuptial agreement, in most cases, but not all, people are usually seeking out this contract because the shine of the relationship has worn off, and in the light of day, there are conflicts. This is usually a defense mechanism, seeking out protection if a split were to take place. When you are drawing up a postnuptial, you must record all of your assets for both parties. This will include what each party brought in, what the partnership has built together thus far, and behavioral documentations. Behavioral documentations may include spending habits and responsibilities. By documenting these things through the postnuptial process, it forces both parties to put everything in black and white, therefore, accountability takes place. Sometimes putting things down on paper and documenting behaviors and facts can make people realize the true dimensions and dynamics of the partnership. People tend to forget what all their partner does for them and the relationship over time. People tend to only see things from their skewed perspective. Bringing these factors to light can actually help smooth out a marriage or partnership that was rocky. On the other hand, it can also clearly identify that maybe a legal separation is exactly what the two parties need.

Orlando separation agreement attorneys at The O’Mara Law Group want what is best for their clientele. If parties can reconcile before a legal separation, and salvage the marriage, a postnuptial agreement can still be put into place to protect all parties. If things have come to a head, and a separation is needed, the attorneys here can help smooth the transition in this trying time. As a family lawyer in Orlando, Mark O’Mara recognizes the sensitivity of these scenarios, and believes in helping people through the difficult situations like these. Postnuptial agreements are not just for partnerships that feel they have reached a need for a legal separation, many people seek to have postnuptial long before separation is even considered. No one here claims that it cannot be reconciled and the relationship healed; however, a postnuptial can ensure fairness and protection should anything happen. Isn’t it better to give yourself the security you deserve? Call The O’Mara Law Group today for a consultation.

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