How much does a Florida postnuptial agreement cost? This is a common question that spouses living in Florida often ask. Let’s explore this question and review some general information about postnuptial agreements and why they are useful tools for married couples.
How Much Does a Postnuptial Agreement Cost in Florida?
Postnuptial agreements, sometimes called a post marital agreement, are legally binding contracts between spouses that establish how property will be allocated in the event the marriage ends in divorce or death. A postnuptial agreement documents each person's assets and liabilities both from before and after the marriage and then dictates how property will be distributed.
Many couples choose to hire a family attorney to draft their postnuptial agreement. This legal document must include specific information and abide by Florida laws to hold up in court. A lawyer will know how to draft a contract that is legally enforceable.
Based on ContractsCounsel's marketplace data, the average cost of a postnuptial agreement in Florida is $1,000.00.
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Why Do I Need a Postnuptial Agreement in Florida?
In Florida, family courts follow equitable distribution laws. This means, without a valid marital agreement, all assets are subject to fair distribution in a divorce. A judge will divide all marital property in half unless there is an extenuating circumstance.
Any debts acquired during the marriage are also subject to equal distribution between the two parties. This means that one spouse could end up responsible for the other spouse’s debts in a divorce unless there is a valid postnuptial agreement stating otherwise.
While it is often thought that only very wealthy people need a postnuptial agreement, couples with all different financial situations can benefit from a marital agreement. Some other reasons you may need a postnuptial agreement include:
- You often argue over money
- One spouse suffers from addiction
- You have considered divorce in the past
- Either spouse has gone through a prior divorce
- Either spouse has a large amount of debt
- There are children from previous relationships
If any of these situations apply to you and your spouse, you should consider executing a postnuptial agreement.
What's Typically Included in a Florida Postnuptial Agreement
Every postnuptial agreement will be different and personalized to the couple’s assets, debts, and wishes, however there are limitations on what can be included in a marital agreement.
It is common to find the following provisions in a postnuptial agreement:
- Division of Property. How the couple's assets will be divided in the event of a divorce or death. This may include property, investments, and any other assets the couple may own.
- Debt. How any debts that the couple may have incurred during the marriage will be divided. This is often important if either spouse has a large amount of debt like student loans.
- Alimony. Provisions for the payment of alimony or spousal support including which spouse will receive support, how much, and for how long.
- Inheritance. Provisions for how inheritance will be treated in the event of a divorce or death. This is especially important if either spouse has children from a previous relationship.
- Business Interests. If one or both spouses own a business, a postnuptial agreement can address how the business will be treated in the event of a divorce. This can include ownership shares, profit distributions, and other business-related issues.
Many spouses want to include terms regarding child support and custody in a marital agreement, however this is not always enforceable.
In Florida, a judge will only enforce child support and custody agreements from a postnuptial agreement if the provisions are more beneficial to the child than what standard Florida law would provide. Spouses cannot use a marital agreement to avoid paying child support or to take away custody from a parent.
Benefits of a Postnuptial Agreement
Many people look at marital agreements negatively and couples shy away from planning for a divorce. However, these important legal documents provide spouses with a lot of benefits including:
- Protection of assets
- Protection from debts
- Customized plan to distribute assets in a divorce
- Avoidance of a typical divorce settlement
- Comprehensive planning for the future
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Postnuptial Agreement Drafting in Florida
It is always recommended that a couple hires a knowledgeable attorney to draft a postnuptial agreement. A lawyer will be familiar with Florida law and know what can and cannot be included and enforced in a Florida marital agreement.
Postnuptial agreement drafting will usually involve a consultation with the couple to learn about their assets, debts, and the terms they want to include in the agreement. The attorney will then draft a contract that implements these terms.
Postnuptial Agreement Review in Florida
In some cases, a couple may have an existing marital agreement, or they have drafted their own agreement from a template. It is important to know that in Florida, most marital agreements are non-modifiable, so it is crucial that this document is drafted properly.
Before executing a postnuptial agreement, a couple is encouraged to have the document reviewed by a licensed attorney. The attorney will ensure that the contract is fair, follows all applicable Florida laws, and will be enforceable in court in the event of a divorce.
Florida Postnuptial Agreement Drafting Cost
If a couple hires an attorney to draft their postnuptial agreement, they will incur legal fees because drafting a contract of any kind requires the time and legal expertise of a licensed lawyer to complete the project.
According to ContractsCounsel's marketplace data, the average postnuptial agreement drafting costs in Florida are $1,216.67.
Reviewing Postnuptial Agreement Cost
Hiring an attorney to review a postnuptial agreement will also come with legal fees. Even though the attorney isn’t drafting the document from scratch, they will still take their time reading over the contract and suggesting revisions based on their specialized legal knowledge.
ContractsCounsel's marketplace data shows the average postnuptial agreement review costs in Florida are $350.00.
How Do Florida Lawyers Charge for a Postnuptial Agreement?
Hourly Rates for Postnuptial Agreements
A Florida family law attorney will most likely charge their clients using an hourly rate fee structure. With this fee agreement, a lawyer will bill a client at a set hourly rate for time spent working on the case or project.
The marketplace data for ContractsCounsel shows the average hourly rate for a family lawyer in Florida ranges from $200 - $300 per hour.
Flat Fee Rates for Postnuptial Agreements
If a lawyer is hired for a specific project like drafting a postnuptial agreement, they may choose to charge the client a flat fee rate instead of billing hourly. In a flat fee payment structure, attorneys will provide a flat fee price to the client for the proposed legal services.
ContractsCounsel's marketplace data shows the average flat fee rate for a postnuptial agreement in Florida is $1,000.00.
Get Help with a Florida Postnuptial Agreement
Do you need help with a postnuptial agreement project? If so, post a project in ContractsCounsel's marketplace to receive flat fee bids from family lawyers who are licensed to practice law in Florida and can handle your project. All lawyers on the ContractsCounsel's platform are vetted by our team to make sure you are provided with top-tier service.
