Want to protect yourself in case of divorce? Even couples that do not consider themselves wealthy can benefit from an agreement. Here’s how to get a postnuptial agreement like Bill and Melinda Gates in Florida.
Earlier this month, Bill and Melinda Gates made headlines for something completely unexpected—their divorce. Surprisingly, as one of the wealthiest couples in the world, they also revealed that they did not have a prenuptial agreement. Instead, journalists and gossip columnists wrote about how they were using a separation agreement, also known as a postnuptial agreement, to divide their assets.
As a family law attorney, I want my clients to understand that a prenuptial agreement is not the only way to protect them against the effects of divorce. Here’s what you should know about getting one in Florida.
How to Get a Postnuptial Agreement in Florida
What is a this type of agreement?
First, I should probably explain what a postnuptial agreement is. To explain it briefly, this type of agreement is similar to a prenuptial agreement, except that it happens after a couple is already married.
Like any other form of asset protection, putting a postnuptial agreement into effect can be a complicated task. Every couple has different needs and different assets to protects, so it is critical to speak to a qualified attorney to learn how the process works.
Want to learn how to get a postnuptial agreement in Florida? Schedule a consultation with me.
Florida Postnuptial Agreement Requirements
While I can’t explain with any certainty how the process might work for a specific married couple, I can lay out some of the requirements in Florida.
First, the postnuptial agreement must be put into writing. Like any other legal agreement, a physical copy must exist. It cannot be a verbal agreement as there is no way to enforce such an agreement.
Second, for such an agreement to be considered valid, it must be signed by both parties. A husband who wants to protect himself from losing the assets he entered the marriage with cannot simply have his attorney draw up a contract and sign it. His wife has to show that she agrees by signing it.
Finally, the agreement must follow acceptable terms as outlined in the Florida Statutes.
Want to learn more about how to get a postnuptial agreement?
Deciding to sign a prenuptial agreement can be a difficult decision, but it’s not your only option if you and your spouse want to protect yourselves from the effects of divorce. For some couples it is easier to discuss these things after they have tied the knot.
If you want to discuss your situation, I am happy to sit down with you and have a conversation. Curious about how to get a postnuptial agreement? Schedule a consultation with me today so that we can discuss your case and come up with a plan that fits your needs.