top of page

Florida Family Law: A Brief Overview of Postnuptial Agreements

Writer's picture: jarbathpenalawgroujarbathpenalawgrou

When Canadian singer Justin Bieber secretly married model and TV personality Hailey Baldwin in 2018, the press reported that they bypassed a prenuptial agreement to protect their respective fortunes. The couple was ridiculed for overlooking this step, given the fact that Bieber was worth an estimated $265 million while Baldwin was rumored to be worth $3 million.


However, it’s not too late for the Biebers or any other couple to define their expectations for the marriage. Postnuptial agreements may not be as well-known or widely-used as prenups, but they can be used to specify in advance what will happen to money, property, assets, and even pets if the marriage ends in divorce. In this respect, they can even prevent these issues from causing disputes that could jeopardize the relationship later on.



Below is a list of four ways that a postnuptial agreement can benefit a married couple.



1. You Can Plan for Your Future Family

If you plan on having children together, a postnuptial agreement lets you specify in advance how they will be raised. Will you or your spouse take time off work to be a stay-at-home parent? If so, for how long? The longer the parent stays out of the workforce, the more important it will be to discuss spousal support if divorce occurs.



2. You Can Protect Your Financial Future

If your income is significantly less than that of your spouse, a postnuptial agreement can help ensure that you have the financial resources you need to start over if the marriage ends. You can agree on the amount and duration of spousal support now to avoid the expense of litigation later.



3. Separate Property Is Identified

In most cases, the property you owned before the marriage will remain yours after a divorce. The same goes for inheritances and gifts made to you personally by anyone except your spouse, but there are exceptions. By identifying this property in a postnuptial agreement, you can save yourself and your spouse future stress.



4. You Can Protect a Business

If you own a business, you want to protect your investment in it. Without a postnuptial agreement, a divorce could force you to give shares in the company to your spouse or even sell the business in order to divide its value. A postnup can keep the enterprise under your control, provided your spouse receives a marital asset of equal value.


You and your spouse should put a lot of consideration into your postnuptial agreement. To be enforceable, it must not have been signed under duress, which is why family courts frown on documents being signed at the last minute. It must also be fair: the court won’t enforce an agreement that is too one-sided, but there are exceptions. A one-sided agreement can still be enforceable, if the parties can show they really thought about it and both sides had an attorney to review and discuss the pros and cons before signing it.


While some people decry postnuptial agreements as a sign that the couple doesn’t trust one another, they can actually create the foundation for a strong marriage based on trust. A valid agreement requires both of you to be completely honest with each other regarding your finances, assets, debts, and expectations for the relationship. Once it’s signed, you can focus on building your future together.



Contact a Florida Family Law Attorney


If you and your new spouse want to create a blueprint for an open, trusting, and happy marriage, contact the prenuptial and postnuptial attorneys at Jarbath Pena Law Group. We will help you draft an agreement that’s fair, clarifies expectations, and protects your respective futures.



11 views0 comments

Recent Posts

See All

Comments


Small logo for Jarbath Peña Law Group PA, Family Law and Immigration Law Attorneys in Coral Gables, Miami, FL.

PRIVACY NOTICE:

At Jarbath Peña Law Group, we are committed to protecting the privacy of our clients and website visitors. This Privacy Policy outlines how we collect, use, and safeguard your personal information. By using our website or services, you agree to the practices described in this policy.

 

The information on this website is provided for general informational purposes only and should not be construed as legal advice. Visitors should not act or refrain from acting based on any information on this website without seeking legal counsel specific to their situation from a licensed attorney in their jurisdiction. The information provided here may not reflect the latest legal developments, verdicts, or settlements. Jarbath Peña Law Group expressly disclaims all liability for actions taken or not taken based on any or all the contents of this website.

 

Any information sent to Jarbath Peña Law Group through this website or via email is not secure and is transmitted on a non-confidential basis. Transmission of information from this website does not create an attorney-client relationship. Contacting Jarbath Peña Law Group through this website or email does not establish an attorney-client relationship unless and until a formal agreement has been signed.

Some links on this website may lead to third-party websites. Jarbath Peña Law Group includes these links for your convenience and does not endorse or assume responsibility for the content, accuracy, or operations of any third-party websites.

This website and its contents are provided "AS IS" without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Jarbath Peña Law Group does not intend to represent clients in jurisdictions where this website fails to comply with local legal or ethical requirements.

Types of Information Collected
We collect various types of personal information to provide and improve our services. This includes personal identifiers such as your name, email address, phone number, and mailing address. We may also collect professional information related to your legal case, which you provide during consultations or through website forms. Additionally, we collect technical data such as your IP address, browser type, operating system, and website usage information. Communication records, including emails and SMS messages, may also be retained for reference and service delivery.

 

How Information is Collected
Personal information is collected through multiple methods to ensure we provide a seamless experience. Direct interactions, such as filling out forms on our website, contacting us via phone or email, or scheduling consultations, are primary methods of data collection. Additionally, we use cookies and tracking technologies to gather automated information about your website activity, helping us analyze usage patterns and enhance the site’s functionality. Furthermore, third-party services integrated into our website, such as email marketing tools or appointment schedulers, may also collect relevant data.

 

Purpose of Data Collection
The personal information we collect serves several important purposes. Primarily, we use this data to deliver personalized legal services and communicate case updates, appointment reminders, and relevant legal information. Additionally, we use it to improve our website’s functionality, ensuring a better user experience. Your information also helps us comply with legal and ethical requirements, protecting both your interests and ours.

 

Data Security Measures
We take the protection of your personal information seriously and have implemented various security measures to safeguard it. Our website uses Secure Socket Layer (SSL) encryption to protect data during transmission. Access to personal information is limited to authorized personnel only, and we regularly monitor and update our data protection practices to prevent unauthorized access, alteration, or disclosure.

 

Data Sharing
Jarbath Peña Law Group does not sell, trade, or rent your personal information to third parties. However, we may share your data with trusted service providers who assist us in delivering our services, such as IT support or email marketing platforms. These third parties are bound by strict confidentiality agreements to ensure your information remains secure. Additionally, we may share your information when required by law or to protect our rights, clients, or others in legal or regulatory matters.

 

User Rights
We respect your rights regarding your personal information. You have the right to request access to the information we hold about you and to request corrections to any inaccurate or incomplete data. You may also request the deletion of your personal information, subject to any legal or regulatory obligations. If you no longer wish to receive marketing communications, you can opt out at any time by following the instructions in our messages or contacting us directly.

Contact Information
If you have any questions or concerns about this Privacy Policy or how your personal information is handled, please contact us. You can reach us via phone, email, or mail using the contact details provided below. We are committed to addressing your concerns promptly and transparently.

 

COPYWRITE NOTICE:

Reproduction, distribution, or retransmission of any material contained within this website is prohibited without prior written permission from Jarbath Peña Law Group.

USE OF COOKIES:

We use third-party services to monitor website activity, which may store cookies on your computer. These cookies help recognize your device on subsequent visits to our website or other sites serving related ads.

The information collected via cookies may include your IP address, date and time of access, and pages visited. This data helps us analyze website usage for improvements and statistical purposes. You can adjust your browser settings to notify you when cookies are being set or to refuse cookies altogether.

 

SMS Consent: SMS opt-in consent or phone numbers for SMS purposes will NOT be shared with third parties and affiliates for marketing purposes under any circumstances.

SMS Terms & Conditions

 

By opting in to receive SMS messages from Jarbath Peña Law Group, you agree to the following terms and conditions:

1. Messaging Frequency
You may receive periodic SMS messages regarding appointment reminders, case updates, promotional offers, and other relevant information. The frequency of messages will vary based on your engagement and the nature of your legal needs.

2. Potential Fees
Message and data rates may apply. These charges are determined by your mobile carrier and are your responsibility. Please contact your mobile carrier for details regarding your specific plan.

3. Opt-In and Opt-Out Methods

  • Opt-In: By providing your mobile number and explicitly agreeing to receive SMS messages, you consent to receive text messages from Jarbath Peña Law Group.

  • Opt-Out: To stop receiving messages, text STOP to [insert short code or number]. After opting out, you will receive a confirmation message, and no further messages will be sent unless you opt back in.

  • For help, text HELP to [insert short code or number] or contact us at [insert email/phone number].

4. Privacy Policy
We respect your privacy. Any personal information collected will be used in accordance with our Privacy Policy, detailing how we handle and protect your data.

By participating in our SMS campaigns, you agree to these terms and conditions. For any questions or concerns, please contact us at  info@jp-lawgroup.com

  • Facebook
  • Twitter
  • LinkedIn
  • Instagram

Copyright © 2021 - JP Law Group. All rights reserved. Created by The CCWC Network Corp.

bottom of page