Divorcing couples in Florida sometimes fail to consider all of their options when the end of a marriage is imminent. People may mistakenly believe that the only means of securing a divorce involves fighting against their spouses, a process that can be very stressful.
Married adults don’t necessarily realize that they have other options, including working together before they ever file divorce paperwork to settle the details of what that process will look like. Many adults contemplating divorce in Florida can benefit from negotiating a postnuptial agreement with their spouses to allow for a more amicable divorce process.
What is a postnuptial agreement?
A postnuptial agreement is much like a prenuptial agreement, except that people reach an agreement after having already married. The main objective in most postnuptial agreements is outlining what would happen with marital resources should the couple divorce. For example, spouses might agree that each will treat their retirement account as separate property, or they might have rules in place for how they will place a value on and divide the home where they live together. The specific terms set in a postnuptial agreement can guide the property division process during a Florida divorce and effectively minimize how much time couples spend in court.
Why people draft postnuptial agreements
Litigation means accepting someone else’s determinations about major terms for a divorce while also accepting the uncertainty of not knowing how much the process will cost or how long it will take. Seeking to cooperate to set terms that both spouses agree are reasonable can take a lot of the pressure off of spouses during the divorce process, as there won’t be any questions about the outcome.
For those who are only in the early stages of contemplating divorce, talking clearly about what would happen at the end of a marriage and discussing the expectations each spouse has for the other could potentially help restore the relationship between spouses. For those who have already emotionally committed to the idea of divorce, a postnuptial agreement can help them keep things amicable.
Learning more about the different approaches to Florida divorce can help people to make use of the tools that will be most effective given their circumstances. Seeking legal guidance can provide this clarity.