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How Long After Marriage Can You Get a Postnuptial Agreement in Florida?

How Long After Marriage Can You Get a Postnuptial Agreement

You got the ring, the wedding, and the last name, but you forgot the most important thing—the prenup. No matter how smitten you are, every Miami power couple should consider safeguarding their hard-earned assets for the future.

Sure—walking down the aisle and reciting those vows is magical (and who knows, it might all work out in the end), but the reality is up to 60% of South Florida marriages end in divorce. And splitting all that you’ve built together under Florida’s marital property laws can get messy – fast.

That’s why more and more Miami couples are asking – when’s the best time to get a postnup after saying I do?

At Vasquez de Lara Law Group, Miami’s top-rated all-female family law firm, we get it. And we’ve helped countless local couples realize postnup agreements in a thoughtful manner – without souring the sangria.

You can be head over heels in love but still make smart moves to protect your assets, business, and future should you ever unexpectedly go your separate ways.

When Can You Get a Postnuptial Agreement in Florida?

There is no defined timeframe for getting a postnuptial agreement. You and your spouse can execute one at any time.

However, here are a few common situations that trigger them:

After Major Financial or Family Changes

Significant events like job loss or promotion, inheritance, new business, or new baby often lead spouses to hash out an agreement. Big moments like these can reshape finances or priorities in marriage. A postnup ensures you and your spouse align on important matters that may impact your future.

During Good Times in the Relationship

Agreements stand the test of time when created during positive moments – when spouses are not feeling hostile or resentful towards one another.

Our advice? Consider a postnup after celebrating milestones like an anniversary, overcoming hardships together, or transitioning to a new stage of life. The spirit of goodwill makes negotiations smoother.

As an Addendum to an Existing Prenup

After over a decade of marriage (or more), assets and priorities will likely look much different than in the newlywed days. Updating a prenup through a postnuptial agreement lets you modify outdated sections.

For example, after 20 years of building a business and raising kids, you may want to adjust previous terms on property division. Or if inheriting money, guarantee that new wealth stays separate through a postnup.

During Bad Times in the Relationship, where Trust Needs to be Rebuilt

If one spouse’s actions are causing concern, whether because of unfaithfulness, gambling, or other bad behaviors, preparing a postnup can be the first step towards reestablishing trust in the relationship. Concerning behaviors can be addressed to ensure that both spouses are still on the same page about their future together.

What Does Florida Law Require For Valid Postnuptial Agreements?

Postnups are legally enforceable contracts under Florida law but are only enforceable when complying with state family law rules.

Here’s what Florida requires to execute a prenup:

  • Both Parties Must Sign Voluntarily — Courts reject agreements signed under pressure or threat, meaning spouses must execute the contract knowingly and without coercion. Speak to our family law attorney to understand your rights before signing.
  • Full Financial Disclosure is Mandatory — Florida law demands complete transparency from both spouses on all assets, debts, income sources, etc. No omitting or misleading disclosures. Courts want spouses to enter into agreements with full knowledge.

Hiring your own divorce lawyer to review the agreement before signing is extremely wise. Separate counsel ensures you fully grasp the negotiated terms and how they will affect your future rights.

What to Address in Your Postnuptial Agreements

Postnups give couples the flexibility to address unique situations or concerns. As a general rule of thumb, our marital agreements lawyer addresses the following four aspects:

  1. Asset Division — Designates separate and marital property. Details exactly how assets split in the event of a divorce – percentages, lump sums, etc. Outlines divisions upfront to prevent fighting over “who gets what” later.
  2. Alimony — Spouses can define standards for determining whether alimony should be paid, calculating amounts, and limiting duration (i.e., covering schooling costs).
  3. Inheritances and Trusts — Florida law deems inheritances as separate property by default. But without paperwork, questions could arise later whether gifts or living trusts are marital. Postnup guarantees inherited wealth stays separate. Allows gifting assets while preserving individual status.
  4. Debts — Outlines individual and joint debts acquired before or during the marriage and repayment responsibilities. Prevents unfairly sticking one spouse with another’s pre-existing or excessive debts later.

While every couple and every marriage is different, a well-rounded postnuptial agreement allows you to define clear terms for your specific situation. Our experienced Miami marital attorneys can guide you and your spouse in addressing the key considerations – from individually held assets and shared investments to existing or future children’s needs.

Outlining everything upfront protects your interests should the marriage unexpectedly dissolve down the road and provides reassurance that you share an understanding of responsibilities.

Make Sure Your Postnuptial Agreement is Legally Enforceable

We know that drafting a postnup agreement might feel a bit unromantic, but solidifying those important financial protections in writing is a savvy move before assets and debts become too co-mingled.

However, you want to ensure your document can legally stand up to scrutiny. As Miami’s top family law firm, we can:

  • Ensure your agreement complies with Florida’s legal requirements
  • Catch loopholes that leave assets or your rights unprotected
  • Explain statutes or postnup case law to you
  • Negotiate favorable terms on your behalf
  • Properly execute and record the contract

Bottom line: Navigating Florida’s laws without an attorney is risky. Trust our family law attorneys to handle the legal stuff and craft an ironclad postnup tailored to your unique financial situation and goals.

Serving Miami, Fort Lauderdale, Orlando, and all of Florida, we are well-positioned to help you protect your financial future.

Contact us today for a consultation.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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