Prenuptial agreements are a good thing. Despite what many people think about prenups, these agreements work to ensure that every party in the marriage is safe. At The Law Office of Gustavo E. Frances, P.A. our team is here to help when you need a Fort Lauderdale prenuptial agreement attorney. We understand the importance of ensuring that marriage starts off on the right foot and that all parties are comfortable with the situation. We want to help explain why prenups are important, and we are here to help you create yours so you can focus on other important aspects of the marriage process.
WhyYou Should Consider A Prenuptial Agreement In Fort Lauderdale
Prenups get a bad rap on TV and in the movies. However, the reality is that prenuptial agreements can be incredibly beneficial for couples, and they often lead to healthier marriages. A prenup is a contract that two people will sign before they get married. This contract will designate how any assets will be divided in the event separation does occur or if a spouse passes away.
Clearly, one of the main reasons to consider getting a prenuptial agreement is that a divorce may indeed occur. It is no secret that divorce is not uncommon in Florida or throughout the US. Nobody will get into a marriage thinking that they are going to get divorced, but the reality is that this does occur sometimes.
Some of the main reasons that a couple may need to consider a prenuptial agreement include the following:
- If one spouse is financially better off than the other before the marriage
- If both spouses are relatively well off before they get married
- If either spouse is on their second or third marriage
- If either spouse has children from a previous marriage that need protection (inheritance rights)
How To Create A Prenuptial Agreement In Fort Lauderdale
There are various steps that you can follow to help create a prenuptial agreement that will be fair for your marriage. This includes:
- Get started as soon as marriage talks began: It is better to go ahead and start talking about a prenuptial agreement as soon as a couple begins discussing marriage. It is important for both parties to be on the same page when it comes to this issue.
- Retain a prenup agreement attorney: It is critical for both spouses to ensure that their prenuptial agreement is enforceable. To that end, we strongly encourage both spouses to have separate attorneys to ensure that they are treated fairly in the language of the prenup.
- Get a full and accurate list of every party’s assets and debts: It will be critical for both sides to bring a full list of their assets and debts to the prenuptial agreement negotiations. Additionally, if one spouse expects to earn a high income moving forward, this should be disclosed as well.
ISSUES AND MATTERS A PRENUPTIAL AGREEMENT CAN ADDRESS IN FLORIDA
In Florida, prenuptial agreements can address a variety of issues and matters related to property, finances, and other matters. Examples:
- Property Division: Prenuptial agreements can specify how property and assets will be divided in the event of a divorce or death. This can include real estate, personal property, bank accounts, investments, and any other assets.
- Spousal Support: Prenuptial agreements can establish whether one spouse will be entitled to alimony or spousal support in the event of a divorce, and if so, how much and for how long.
- Debt: Prenuptial agreements can specify which party will be responsible for paying off any debts incurred before or during the marriage.
- Inheritances and Gifts: Prenuptial agreements can specify how inheritances and gifts will be treated in the event of a divorce, and whether they will be considered separate or marital property.
- Business Interests: Prenuptial agreements can address the treatment of any business interests or partnerships that one or both parties have.
- Death Benefits: Prenuptial agreements can also address death benefits, such as life insurance and retirement benefits, and how they will be divided in the event of death of one of the part
Be aware that prenuptial agreements are subject to certain restrictions and may not be enforceable if they are deemed unconscionable or against public policy.
This is one of many reasons it’s wise to enlist the help of a Fort Lauderdale prenuptial agreement lawyer when drafting and entering into this type of agreement. With the assistance of a legal professional, you’ll be more likely to draft the type of agreement that’s legally enforceable and fair to all parties.
HOW TO PREPARE FOR A MEETING WITH A FORT LAUDERDALE PRENUPTIAL AGREEMENTS ATTORNEY
Along with gathering documents related to finances and other such matters, to prepare for your initial meeting with a Fort Lauderdale prenuptial agreements lawyer, try to take the following essential steps:
- Make a list of questions: Prepare a list of questions you want to ask your lawyer during the first meeting. This can include questions about the process, the lawyer’s experience, and any concerns you have about the prenuptial agreement.
- Be honest: Be honest with your lawyer about your situation and any concerns you have. This will help your lawyer to better understand your case and provide you with the best possible advice.
- Be prepared to discuss finances: Your lawyer will likely ask about your financial situation during the first meeting. Be prepared to discuss your income, expenses, assets, and debts.
- Think about your goals: Before the first meeting, think about what you want to accomplish with the prenuptial agreement. This can include things like protecting assets, addressing debt, and specifying spousal support.
- Be open to compromise: Prenuptial agreements involve negotiation and compromise, and both parties need to be willing to work together to come to a mutually beneficial agreement.
Call Our Fort Lauderdale Prenuptial Agreements Attorney Today
If you are getting married and are wondering whether or not you should create a prenuptial agreement between you and your future spouse, The Law Office of Gustavo E. Frances, P.A. is here to help. Our Fort Lauderdale Divorce Attorney has extensive experience handling complex family law issues, and we understand the importance of prenuptial agreements for a healthy marriage. Regardless of your current financial status, prenuptial agreements can be beneficial towards ensuring stability for both spouses. When you need a Fort Lauderdale prenuptial agreement attorney, contact us for a free consultation of your case by clicking here or calling 954-533-2756.
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