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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
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.
Yes. Just like a prenuptial agreement, parties can enter into a post-nuptial agreement even if they are not planning to divorce.
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.
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.