Prenuptial Agreement Lawyer ( Prenup )
What is a prenup? Will a prenuptial agreement protect my business and my retirement when I file for divorce? How can a prenuptial agreement lawyer help me? What is the cost of a prenup?
These are some of the most common questions asked to a Family Law Attorney.
What is a Prenuptial Agreement?
By definition a prenuptial agreement is a common legal contract entered into before marriage, civil union or another contract with each other.
Prenuptial agreements are an excellent way for spouses to document their expectations during a marriage and protect their interests in the event of a divorce. While it can often be considered a sensitive subject, a well drafted prenuptial agreement will provide peace of mind and emotional security to both sides. The certainty of knowing what will happen in the event of a divorce is invaluable.
The Basics of Prenuptial Agreement in Florida
Often, one spouse will own all, or a portion, of a business. Another spouse may carry a large amount of assets or debt into the marriage. There may be issues with pending inheritance, or significant appreciation of pre-marital interests that need to be kept separate for the protection of both spouses.
The language of prenuptial agreements can be complex, but the basic principles are easy to understand. The simplest way to understand a prenuptial agreement is to consider it as a contract between the spouses. Both sides agree to what will happen with respect to each other’s property, and any obligations, or expectations for alimony. Once these issues are decided, the spouses commemorate their intent in writing, the agreement is signed, and the spouses are bound and protected by the agreement in the event of a divorce.
The spouses are then able to freely invest, pursue their careers, develop business relationships, retire, or otherwise make major life decisions with the confidence that even if their marriage does not last, their assets and interests will be secured.
Does everyone need a prenup before marriage?
The agreement can be flexible. The spouses can arrange to have alimony increase with the duration of the marriage,they can choose to make decisions based on average income over a period of time. They may even be able to choose to waive alimony altogether.
As usual, anything that sounds too good to be true usually is. Not every issue can be ironed out in the prenuptial agreement. Things like temporary alimony and attorney’s fees are still left up to the Courts. The good news is, that the permanent issues regarding asset distribution and long-term alimony obligations are well within the bounds of a well drafted prenuptial agreement.
When drafting a prenuptial agreement, each party should be represented separately. You should choose your attorney carefully, and preferably both counsel for each side should have enough litigation experience to recognize the issues that are inherent to a dissolution of marriage both with, and without a valid prenuptial agreement.
Prenuptial Agreement Lawyer Serving Sarasota Florida
At Tobaygo Law, our experienced Sarasota, FL, family and divorce attorneys are well-versed in prenups and negotiation strategies. It does not matter how wealthy or modest your lifestyle may be, our trustworthy divorce attorneys will assist you with drafting a document that fully outlines your needs and assets, protecting your property and interests in the event of a divorce.
No one expects to get a divorce when they say their vows. But you owe it to yourself to protect your hard-earned assets if your marriage ends.
Contact us today for a free initial consultation.