A prenuptial agreement is typically not the topic of choice for couples that have decided to get married. While the topic may elicit negative feelings, prenuptial agreements are important for the protection of both partners. Divorce is typically not planned, but it happens more than 40% of the time. It’s important that you provide yourself as well as your spouse a peace of mind knowing that most things that typically make a divorce painful will be resolved in advance, just in case it is ever needed.
Not only are your personal assets and liabilities a concern, your business interest are equally as important in many cases. Prenuptials are no longer for just the wealthy, they are for every newlywed-to-be that has an interest in protecting themselves as well as their spouses in the case that they should one day need to contact a divorce lawyer in Miami.
Below, you will learn more about what a prenup can and can’t do as well as when you should contact an expert attorney of family law in Miami.
In the State of Florida, prenups can protect your assets, lessen your exposure to unwarranted liabilities as well as protect future earnings. If a prenup is not carefully crafted to the letter of the law, it can be invalidated, or make it more likely to be litigated for an extensive amount of time. In addition, your prenuptial agreement can protect your premarital assets. It is important to remember that prenups are governed by strict rules. Contact a family lawyer in Miami well in advance of your marriage. When you have decided to move forward with a prenuptial agreement, be prepared to divulge all assets and debts. Otherwise, your agreement can easily be invalidated.
While a prenuptial agreement is not an ironclad document, if drafted correctly, it can save each spouse a lot of time, money and worry. Many details can be included within a prenup, but some issues like child custody are not recognized by the law. In addition, if you are experiencing a divorce in Miami, a prenuptial agreement cannot be implemented post marriage. In many cases, these agreements take a lot of pressure off of a marriage and allows each partner to comfortably focus on building a life together without worrying about finances in the case of a divorce.
It is best to contact a family lawyer in Miami far in advance of your wedding. This will allow time to iron out the details and craft an agreement that is fair and comfortable for all parties involved. In addition, if you are currently going through a separation or divorce, it is recommended to schedule a free consultation with a divorce lawyer in Miami to better protect your interest and/or help you to better understand current prenuptial agreements that you already have in place.
An experienced attorney will be an asset to you in regards to challenging potentially harmful stipulations that were put into your prenup. Divorce will always be tough emotionally, but you can offer yourself and spouse comfort in knowing how the property, finances, debts and future earnings will be split.