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Postnuptial Agreement Template - Florida
Florida Postnuptial Agreement: What Is It?
A Florida Postnuptial Agreement is a contract that is signed by two spouses once they are already legally married. The agreement outlines how properties will be allocated, either completely or partially, if one of the spouses passes away or if the married couple decides to get a divorce.
Alternate Name:
- Florida Postnuptial Agreement Form.
If a judge has information about this it means that the delegation of the property will not get caught up in a lengthy court case. The judge will be able to delegate property as outlined in the agreement. However, if a couple is about to sign this agreement just before they get divorced - the agreement will have a different name with a slightly different list of requirements.
If you want to implement this contract on a legal level, you need to ensure that the document is signed by both parties for it to be considered genuine. Both spouses must also be open and honest when it comes to declaring their financial assets and income. If all of these criteria is fulfilled, the document becomes legally binding.
A Florida Postnuptial Agreement template can be downloaded by clicking the link below.
How to File a Postnuptial Agreement in Florida?
In order to file a Postnuptial Agreement in Florida you must follow the steps below which take into account specific laws outlined by the state of Florida:
- You must first of all ensure that any agreements are documented in writing. Any oral agreements (even if they are recorded) will not be considered genuine;
- Both spouses must also sign the agreement completely freely and without being under duress. This means that all signatures have to be added voluntarily;
- Once the document is drafted and signed, we would recommend visiting a notary public that can validate the agreement and confirm that the signatures were obtained legally;
- The spouses must detail all important information, particularly information regarding financial assets and income. It is crucial that both parties do this;
- The legal document should also demonstrate fairness for both spouses and not just one that will profit from such an agreement.
In the agreement itself, we would suggest formatting the document using the structure below:
- Provide information about the property in question and any information on inheritance;
- In case of death or marriage dissolution, you need to explain how you would like the property to be shared out;
- If any financial support for the spouse is permitted, you should also provide details about this;
- If any financial support for any minor dependents is agreed, you must detail this in the agreement too;
- Provide information about any shares that are owned by each spouse and any pensions they receive;
- If either of the spouses have any debts that are outstanding and have not yet been paid off, information about this needs to be included;
- Details about how any pets will be cared for.
Of course, this is not an extensive list and your specific agreement will depend on your own financial situation and personal wishes.
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