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Missed out on creating a prenup? You still have options

Getting married may have been one of the best days of your life. You may have spent months finding the perfect dress or tux, venue and cake, and making numerous other choices, or your wedding may have been spur of the moment but no less meaningful. Because you knew that your marriage would last, you skipped over the part about creating a prenuptial agreement.

Now that the haze of post-wedding bliss is subsiding, you may wonder if skipping that agreement was a wise choice. Though you still feel happy in your marriage, you may also have come to realistic conclusions that divorce or other scenarios could put your financial affairs and other aspects of life in jeopardy. Fortunately, you can still take advantage of a postnuptial agreement.

Creating a postnup

If you want to create a postnuptial agreement, you need to remember that both you and your spouse need to be on board. You cannot simply create a document and expect financial protection. You both will need to have a say in the terms and sign the document. You may also want to remember that, in order for a court to consider your prenup valid, it must disclose all assets, be fair to both of you, and not come about due to pressure or other duress.

If you worry that your spouse will balk at the idea of creating a postnuptial agreement because he or she may think you want a divorce or have lost faith in the relationship, you may want to utilize one of the alternative names for the document. You could refer to your postnup as a lifestyle agreement, as it can address details regarding your relationship that go beyond property division. For instance, you could use it as a legally binding agreement to limit undesirable behaviors to promote harmony in the relationship.

Fair terms

Of course, in addition to limiting behaviors or agreeing on who will handle certain tasks, the postnup or lifestyle agreement can include information on desirable outcomes in the event of divorce or if one person's property needs protection for another reason. In order to come to fair terms, it is important that you and your spouse have separate legal counsel to guide you through negotiations and document creation. A Florida attorney can help you understand these agreements and how you can work toward fair but beneficial terms.

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