Can a postnuptial agreement make property division easier?

On behalf of Law Offices of Barry I. Finkel, P.A. posted in Property Division on Tuesday, October 9, 2018.

For several years, postnuptial agreements have become increasingly popular in Florida and other states. Couples decide to enter into these agreements for several reasons. In some cases, they may be experiencing marital trouble and want the agreement to set forth each spouse' duties and obligations. Other times, couples want a postnuptial agreement in place to assist with property division in case divorce or separation becomes a reality.

When drafted properly, these agreements work well in helping couples make it through the property division stage of divorce with as little conflict as possible. However, it is crucial to create the agreement correctly if you want to make sure it is enforceable. As you might expect, the division of property is one of the most complicated aspects of divorce law, especially for couples with valuable assets.

While you can attempt to draft a postnuptial agreement on your own and have it reviewed by an attorney later, it wiser to go ahead and work with a lawyer when drafting the document and during the property division process. This can save you time and money by preventing costly errors before they can occur. If your agreement contains preventable mistakes, the court will likely deem the document invalid.

Another benefit of legal guidance is receiving advice about the property division clauses your agreement contains. In other words, having the document reviewed by an attorney during its creation ensures that none of its provisions will leave you with an unfair share of marital assets. Since Florida divorce courts strive to "uphold the intent of the parties as expressed," this could be a particular concern. Legal guidance can help you avoid accidentally or even intentionally waiving away your right to marital property, spousal support and other financial benefits.