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Can spousal rights be waived?

When it comes to marital property and contracts, many people are aware of prenuptial agreements and the different reasons why couples sign them. In Lee County, and counties through all of Florida, some people do not realize that postnuptial agreements are also a possibility and that people can waive their spousal rights.

Spouses have the ability to wave either all or some of their spousal rights, according to the Florida Legislature. If one spouse decides to waive his or her rights, they can waive rights to various forms of property, such as inheritance, family allowance, property that is exempt and other types of property. These rights can be waived by signing an agreement before a couple has filed for divorce, but they can also be waived after a couple has ended their marriage.

The agreement must be signed before two witnesses and those who sign an agreement after tying the knot will need to provide disclosures to the other party about their estate. However, this is not necessary for those who sign a contract prior to tying the knot.

Whether you and your spouse are going over a prenuptial agreement or you are thinking about waiving spousal rights, it is important to try to foster a positive environment and promote communication. You and your spouse or fiancé should make sure you find answers to any unresolved questions and try to minimize your level of stress as you move forward. You should also bear in mind that this post does not serve as an alternative to legal assistance.

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