No one in Florida expects their marriage to end in a divorce because of financial problems. Moreover, no person is comfortable bringing up the idea of a nuptial agreement during the honeymoon phase. However, you may need to. Take a look at situations that might force you to bring up this topic and what to do to have a pain-free agreement.
Situations that require postnuptial agreement
If you’ve decided to give up your career to stay at home to take care of your children and other affairs as your partner works, you will need an agreement dictating how to get a fair settlement upon divorce. Failing to do this can leave you in a vulnerable financial situation if things don’t work out.
If you have a business that you are completely invested in and might have problems if it’s split, you can protect it with a postnuptial agreement. Of course, your spouse will still get their share of the marital property, but if they don’t know anything about running it, you can make an agreement that prevents them from becoming a decision-maker in the business.
If you have an inheritance, your separate property can easily become marital through commingling, subjecting the assets to division. You can avoid this using a postnuptial agreement.
Having a pain-free approach to a postnuptial agreement
The best way to broach this topic with your spouse is by having an honest conversation about your finances, focusing on what you would both like to happen in the event of a divorce. Also, discuss how you may want to deal with child custody arrangements and alimony. Ensure that each one of you has separate experienced attorneys to protect your interests.
It is vital to handle your postnuptial agreement well without taking advantage of the other partner. A Florida judge can nullify the agreement upon divorce if you coerced the other spouse or failed to disclose your full financial information.