Post-Nuptial Agreement Questions
What is a Post-Nuptial Agreement?A post nuptial agreement is an agreement that may be signed by a couple when they decide to get a divorce or legal separation. The couple decides how they will divide their assets and income if they get divorced. This can include any asset – a house, income, business or anything of importance that they may want to include. The post nuptial agreement should be written and not an oral promise. It should be a fair disclosure for both parties involved. It should be a voluntary agreement and either of the parties must not be under duress, bribery or persuasion while signing and agreeing to the post-nuptial agreement.
Should a Post-Nuptial Agreement be Written by an Attorney?A post nuptial agreement should ideally be written or drawn up by an attorney. There are numerous legalities in these types of agreement which may be missed out if it is not written up by an attorney. Since both parties are releasing or relinquishing rights in the other’s assets and income, it is best that they get separate legal advice and be represented by separate attorneys. This will prevent invalidation of the agreement in court by either party. If you are not sure whether an attorney will be needed to help with your post nuptial agreement, you can bring your legal questions to a Family Lawyer on JustAnswer for further insight.
In the State of Florida, will a Post-Nuptial Agreement be Valid if a Disclosure of Assets is Not Attached?There could be differences in the laws regarding post-nuptial agreements in different states. For instance, in some states like Florida, it is considered best if each party attaches a complete and updated statement of his/her income and assets with the agreement. The reason for this could be that it may be much easier for the other party to challenge an agreement in court if it does not contain a statement of assets. Also since one of the parties is releasing the agreement, it may be good if they are aware of what the assets are and show this awareness to the court. Ask Family lawyers on JustAnswer for more state specific questions on post-nuptial agreements.
When is a Post-Nuptial Agreement Valid?In many states, a post-nuptial agreement may be considered valid only if it was made after a divorce or separation and was not signed under any pressure, bribery or coercion. In most situations, the law does not allow a contract that encourages future separation or divorce. The agreement will also not be considered valid in most states if it is forced by coercion.
Does a Post-Nuptial Agreement Include Child Custody, Child Support and Visitation?In most cases, while the court takes into consideration what is given in the post-nuptial agreement, it is not bound by this agreement as far as child custody, child support and visitation are concerned. Normally, decisions about children are taken keeping in mind what’s in the best interest of the child. The court also recognizes the fact that situations could change in the future and hence usually retains the right to modify child custody, child support and visitation agreements in a post nuptial contract.
There are many questions about family law that are answered on JustAnswer. Issues regarding family law can be confusing and it is best to ask a Family Lawyer than try to find and solve things on your own. Get your questions regarding marriage, divorce, and post nuptial agreements answered by the legal Experts on JustAnswer.