Thursday, March 10, 2016

Can a Postnuptial Contract Really Protect You?

For the most part, post nuptial agreements are similar to prenuptial agreements. The only difference is that the contract is made after the couple gets married. Britney Spears probably wishes she had a post nuptial agreement in place, she has to pay $20,000 a month for her two children. Many people believe these laws are ridiculous and based on logic they are. How can two children be that expensive? They can’t! And Spear’s children are healthy!

A post nuptial agreement is nothing but a legal tool adopted by married individuals to plan division of assets and other financial issues in the event they face worst case scenarios.

Postnuptial requirements are different in each state and hence before drafting an agreement consult with a divorce lawyer and the best one in this part of Florida is King Lindsey, P.A.

Given below are general criteria that the agreement must meet and Fort Lauderdale, FL divorce lawyers such as King Lindsey, P.A. have this information saved in their computers and smart phones. To continue, the fundamentals of this agreement are:
  • The agreement must always be written.
  • The agreement must be signed by both spouses and thereafter notarized.
  • One spouse cannot pressurize or threaten the other spouse to sign the agreement. The agreement has to be mutual.
  • The agreement must not be unfair. This means one party must not benefit more from the agreement.
  • The spouse must not hide any assets or financial instruments. They must disclose everything that they have.

When is the perfect time to get such an agreement?

As had been discussed before, post-nups happen after marriage. Often couples decide to get post-nups when one partner gets abusive or turns into a spend thrift. Divorce attorneys in Florida, and based on her track record, knowledge of the legal system, ability to exploit weaknesses in the opposition’s case, and acumen in terms of building a strong case for her clients there is no one better in this region of the state than King Lindsey, P.A., clarify that there are instances when couples in a perfectly happy relationship decide to have a post-nup just to get better clarity on the division of assets in the event they separate.

What are the salient features of a post nuptial agreement?
  •  Property division - How assets will be divided in case of a divorce?
  • Which spouse will have the responsibility of paying alimony, how much will he/she pay and for how long? Eddie Murphy pays $59,000 a month!
  • How will the marital debts such as mortgage, credit card bills, and so forth be divided?
  • During the marriage if one spouse dies how will the property and assets be divided?
During the drafting of the contract strict it is important to adhere to state laws. There are instances when the courts have rejected contracts because the agreement clearly indicated the efforts by one spouse to limit child support or spousal support after a divorce. Mel Gibson pays $20,000 a month! That is not enough?!

When should a spouse not agree to a post nup?

Post nuptial agreements are suggested by richer spouses to avoid giving the lesser earning spouse too much of the property, assets, and family business after a divorce. Moreover, often post-nups are suggested by the wealthier spouse to avoid higher alimony that could potentially be ordered by the court in the event the matter reaches court. Nas pays out $40,000 a month! He better keep making outstanding songs!

Fort Lauderdale, FL divorce lawyers and if you call up King Lindsey, P.A. in this regard you will have made the right move suggest that if your income is substantially lower than that of your spouse then you must tread carefully before signing such documents. The best way is to get the document examined by your own legal counselor before putting your signature.

If your spouse requests a post-nuptial agreement or you have any concerns on issues such as child support and alimony, then this is the right time to get yourself a Florida divorce lawyer and the strongest in this area of law is King Lindsey, P.A. to look into the clauses included in the agreement. Any effort made by your partner to deprive you financially will be immediately spotted by a pair of legally trained eyes and you can simply refuse to put your signature unless the terms are made conducive to your financial health. Kirk Kerkorian pays out $100,000 a month. Not a smart business move Kirk!

If there is any issue of your marriage weakening or if you believe it is just wise to put the division of assets on paper down on paper you need someone like King Lindsey, P.A. (www.kinglindsey.com/). Do not even think of signing any paper work with your spouse’s legal professional if you do not have a legal pro advising you as well. That would be possibly a horrendous mistake. Give King Lindsey, P.A. a call. It is the prudent course of action. 

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