A postnuptial agreement is an agreement between an already married couple that enforces property or monetary resolutions in the event of a separation or death among the parties. Postnuptial agreements have been recognized in Florida for a considerable length of time. The same considerations as those relating to prenuptial agreements generally apply to postnuptial agreements.
Postnuptial agreements are usually reviewed under stricter scrutiny than prenuptial agreements in consideration that the parties are already married and are in a fiduciary relationship. Florida law emphasizes that postnuptial agreements should be approved if proper requirements of disclosure and fairness are met. Proper disclosure and fairness are subjectively determined on a case by case basis.
For more information on postnuptial agreements, please contact our office.