Naples Prenuptial & Postnuptial Agreement Lawyer
If you’re preparing to marry, the last thing you want to think about is divorce, and you may equate prenups and postnups with just that. The truth of the matter is, however, that a thoughtful prenuptial agreement is a legal contract that can help you strengthen the bonds of your marriage and should not be discounted out of hand. If you are interested in learning more, turn to an experienced Naples prenup attorney.
Prenuptial and Postnuptial Agreements
If you are confused about exactly what prenuptial and postnuptial agreements are, you are not alone. Both prenups and postnups are legal contracts that typically address financial concerns that will need to be addressed in the event of divorce (or at the time of one spouse’s death). Prenuptial agreements are contracts that are created and even signed prior to marriage, but they don’t go into effect until you marry. While postnuptial agreements can address the same financial concerns, they are created and executed (go into effect) at some point after you marry. If you’re married and have questions or concerns about a postnup, don’t hesitate to reach out to a distinguished postnup lawyer.
Primary Reasons to Consider a Prenup or Postnup
While all prenups and postnups are unique, the primary reasons for entering these contracts tend to fall into several basic categories.
A Clear Slate
Far from being a burden on your marriage, a prenuptial agreement can help you strengthen this primary relationship. In order to effect a legally binding prenup or postnup, both you and your partner will need to share your financial circumstances openly. This means you won’t come up against any pesky surprises after saying I do, which can also help to keep the lines of communication open. Because money problems are one of the most cited reasons for divorce and because open communication is key to strong marriages, a prenup can bolster your bond.
Protection of Assets
If you are bringing significant assets into your marriage, you will need to keep the assets separate from your marital property in order to maintain their separate nature. Failure to do so means a commingling of these assets, and in the event of divorce, what you think of as your separate property will likely need to be divided between you and your ex equitably. A seasoned premarital agreement lawyer can help you address the matter of keeping your separate property separate with a prenuptial agreement.
Prenups and postnups can also serve as estate planning tools. If you have children whom you share with someone other than your current spouse, a well-considered prenup can help you protect their inheritance.
Matters Involving Debt
If your spouse has considerable debt going into marriage, it can naturally be a concern for you, but you can tackle the issue head-on in your prenup. In some cases, debts that were incurred by one spouse prior to the marriage can become part of the marital estate, so it’s important to take steps to protect yourself if your marriage ends in divorce.
Factors that Lend Themselves to Prenups
There are several situations that are especially well suited to prenups, including:
- If you are wealthy in your own right
- If family money plays a role
- If you are involved in a family business
- If you are a business owner or you own a business with someone else
- If you stand to inherit considerable assets in your lifetime
- If you are already a parent when you marry
- If you have unique monetary concerns that you want to address
Even if none of these applies to you and your situation, discussing your financial concerns with an experienced prenuptial agreement lawyer prior to marriage is always in your best interest.
What a Prenup Can’t Do for You
Contrary to popular belief, prenups and postnups are not instruments of torture that are intended to do harm. On the contrary, the law is very exacting about what prenups can and cannot do. For one, a prenup that is forced upon someone – or that uses fraud, coercion, or threats to get the job done – is not legally enforceable. Additionally, if the court determines that the contract is unfair and the party to whom it is unfair had no reasonable way of knowing this in the first place, it won’t hold. In the end, both parties must enter the contract with a thorough understanding of what they are signing off on for the agreement to be legally binding.
Finally, there are some issues that, if addressed in a prenup or postnup, can void all or part of the contract, including:
- Child custody arrangements must be determined in accordance with the children’s best interests at the time – and cannot be arranged before they are needed. As such, your prenup or postnup cannot delve into this topic.
- Child support is based on careful state guidelines, which means that – unless the terms included in your agreement exceed the state’s specifications – child support should not be addressed.
- The issue of alimony can be included in a prenup or postnup, but if the terms leave the recipient (or would-be recipient) of alimony in dire straits, at a severe financial disadvantage (compared to his or her spouse), or dependent upon the state for financial support, the court will nix it.
Don’t Delay Consulting with an Experienced Naples Prenuptial Agreement Attorney
Chantale Suttle at JustPrenups.com in Naples is a capable premarital agreement attorney who dedicates her impressive practice to helping clients like you support their marriages with thoughtful prenups and postnups that honor their wishes and uphold their rights. We are on your side and here to help, so please don’t wait to contact or call us at 800-959-1614 for more information today.