Prenuptial agreements are common for Florida couples who have significant differences in their personal assets at the time of the marriage. These agreements set parameters on property division if the couple decides to divorce in the future due to unforeseen circumstances. However, these agreements can also be made after a wedding. They are signed for a variety of reasons, some of which are issues not realized until after the couple gets married. Legally termed as post-nuptial agreements, they often fall into two categories when they are being prepared.
Family harmony
Family harmony is one reason couples may want to enter into a post-nuptial agreement, especially early on in the relationship. Disparity in wealth can be an issue in some marriages, and knowing the business aspects of a marriage is important. The state actually views a marriage license much like a business license in many respects, especially when it is time to distribute marital property in a divorce process.
Professional necessity
There are some scenarios where a post-nuptial agreement could be associated with a business decision when one spouse or a couple enters into a business partnership. Ownership stake means that the total value of the business will become partially the marital property of the couple. This means that the company could be affected financially in the event of a divorce where the growth of the business is part of the total marital property package. A post-nuptial agreement can insulate the other business partners in the event of a divorce by one member of the group.
This type of situation is an example of when it is important to have a Florida divorce lawyer crafting the agreement. Reasons for such an agreement can vary, and all potential legal issues should be discussed and prepared by a professional who deals with family law.
