Post-Nuptial Agreements
Post-Nuptial Agreements in Tampa
A post-nuptial agreement is a written agreement executed after a couple gets married to settle the couple’s affairs and assets in the event of a divorce. Most divorces end when the parties enter into a marital settlement agreement that is entered by the court into a final judgment of divorce. A full post-nuptial agreement may include resolution of timesharing, parental responsibility, equitable distribution, alimony, child support, and attorney fees. Even if a divorcing couple is unable to agree on all of these matters, they may enter into partial agreements regarding the issues on which they can agree. Only the remaining issues are tried in court. While post-nuptial agreements are most often used when a couple is divorcing, happy couples may also enter into them after they are married but before any issues arise so that in case they do decide to end their marriage one day, they know what will happen.
Post-Nuptial Agreements Solutions
Whether you are in the midst of a divorce, or a happy couple who just want to plan for the possibility of divorce, Open Palm Law can help you negotiate and draft your post-nuptial agreement.
FAQs for Post-Nuptial Agreements
I’m getting divorced, and my ex and I have agreed on everything except for alimony. Can we enter into an agreement on all the other issues?
Yes. You may enter into a partial agreement regarding all the issues on which you have agreed and leaving the rest of the agreements for the judge to decide. The fewer issues that you have to try in court, the less money that you will spend.
Can I enter into a post-nuptial agreement even if I plan on staying married?
Yes. Just like a prenuptial agreement, parties can enter into a post-nuptial agreement even if they are not planning to divorce.
Can I negotiate that child support be less than the guideline amount in a post-nuptial agreement?
If you are contributing financially in other ways, you may be able to negotiate for lower child support. But the courts view child support as the right of the child and not for the parents to negotiate. Therefore, in most instances, child support should be pursuant to the guidelines.
Can a judge refuse to agree to my post-nuptial agreement?
Yes. The most common reason for a judge to not agree to enter a post-nuptial agreement in a divorce is if child support is not pursuant to the guidelines. But the judge may also do so if the agreement is not in the best interests of the child. For example, if the timesharing agreement is not working or the parties can’t make decisions together, the judge may decide not to enter the agreement.
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ABOUT JORYN
JORYN JENKINS | FOUNDING PARTNER,
TRIAL ATTORNEY, COLLABORATIVE ATTORNEY
Open Palm in Tampa, Florida is proud to present our firm’s founder, Joryn Jenkins. Please take a moment to read about her qualifications to assist you. We also invite you to view her resume.
In the beginning, Ms. Jenkins worked for one of the ten largest law firms in the country in its Washington, D.C. office. After nearly three years practicing in all aspects of regulatory law, she took a break from big firm life to work exclusively for one of her own clients on a class action involving more than fifty sex discrimination claims in California. When she returned to the East Coast, she accepted an offer from the state attorney in Tampa, E.J. Salcines (now an appellate judge). CONTINUE READING…
