Free Florida Postnuptial Agreement Template

What Is a Florida Postnuptial Agreement?

A Florida postnuptial agreement is a binding contract that divides marital assets. Couples create it after they’re married. They use it to set terms for their businesses, finances, and real estate in the event the marriage ends..

A valid Florida postnuptial agreement requires that each party sign voluntarily. It must include reasonable terms that do not favor one individual. Without a postnup, divorce settlements in Florida default to equitable distribution under FL Stat § 61.075. A postnup overrides these rules and allows each couple to set terms that work for them in the event of divorce.

How to Write a Postnuptial Agreement In Florida

Writing your postnup and providing the necessary information ensures you can enforce it. Use the following steps to draft an effective Florida postnuptial agreement:

1. Identify the parties: List each spouse and include the city, state, and date of marriage. Also include your address and children from previous and current marriages.
2. Disclose financial information: List your net worth, assets, income, and debts. A valid agreement requires a full and fair disclosure.
3. Divide property ownership: Divide property from before the marriage and property acquired during. Choose whether these will be jointly owned and who they will go to in a divorce.
4. Assign business ownership: Identify businesses owned or acquired before and during the marriage. Then decide whether any increase in the value will go to the owner or be divided.
5. Settle debts: Decide whether to combine your debts before marriage and assign debts within the marriage. You can divide debts according to state laws or with a set percentage. You may also state that each party will pay all debts in their own name.
6. Decide on housing arrangements: Include guidelines for handling the marital home. Include whether the property will belong to one party or be considered a shared asset. You can also assign responsibility for household expenses.
7. Provide spousal support: Assign or waive the right to spousal support, also known as alimony. Alimony agreements can override the terms in FL Stat § 61.08.
8. Review and sign: Review your document to ensure it’s correct, fair, and compliant. Before signing, also include clauses such as death and disability or pet custody.

Sample Florida Postnuptial Agreement

View a sample Florida postnuptial agreement with the necessary conditions and information. Our template, available in PDF and Word format, can be used to create your document.

Legal Requirements and Considerations for Florida Postnups

Florida postnuptial agreements follow FL Stat § 61.079 for agreements regarding the division of marital property. While this statute focuses on prenuptial laws, postnups also use these guidelines. Additional considerations for postnuptial agreements come from Florida case law. Understanding the legal considerations for creating a postnup can help ensure its validity.

Signing Requirements

According to the guidelines determined in Casto v. Casto, 508 So. 2d 330 Fla. 1987, a Florida postnup must not be signed under duress. Both parties should sign and ensure the agreement is fair to each. Notarization is not required, but it helps prove validity and may influence the courts to uphold the agreement.

Legal Representation

Since courts often scrutinize postnups, independent legal counsel for both parties is recommended. The fiduciary relationship between spouses makes it important to show fairness and compliance. This ensures that the terms of the agreement are equitable and enforceable.

Provided Rights

A Florida postnuptial agreement helps couples establish and protect their rights. Consider using your postnup to identify the following terms:

• Property rights: FL Stat § 732.225 allows married individuals to end or change ownership of real estate gained during the marriage.
• Inheritance rights: A postnuptial agreement can provide inheritance for a surviving spouse. These terms override the default probate guidelines listed in FL Stat § 732.301.
• Marital rights: FL Stat § 732.702 allows a surviving spouse to waive their rights to certain assets. These include shares, homesteads, or family allowances. The waiving of marital rights must be in a written contract.