Legal Question in Family Law in Florida

post-nuptial agreement

My wife and I been married for 14 yrs and are about to buy a house.Can,I draw up an agreement to take what she put into the house and no more?


Asked on 11/01/07, 5:40 pm

3 Answers from Attorneys

Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: post-nuptial agreement

Yes you can. There are some requirements that must be met to make it valid. You should consult with an attorney about having this done.

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Answered on 11/01/07, 7:30 pm
David Slater David P. Slater, Esq.

Re: post-nuptial agreement

Yes, but it must be executed properly.

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Answered on 11/01/07, 9:24 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: post-nuptial agreement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you can draw up a post nuptial agreement but she would be a fool to sign in after 14 years of marriage. Under Florida law, both parties share whatever is earned during the course of the marriage. It is imperative that both of the parties are represented by individual attorneys so neither can say the agreement was coerced or that it was signed without full knowledge and understanding. Further, one of the attorneys should draft the agreement to make sure it meets with the requirements of Florida law.

Scott R. Jay, Esq.

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Answered on 11/02/07, 12:32 am


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