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Most people think prenups are an underhanded way to prevent one’s ex – in the event of divorce – from obtaining what should belong to him or her in the first place. In other words, prenups have a bad reputation that they really don’t deserve. Prenuptial agreements are legal contracts that help to delineate how assets will be divided if a couple does divorce – thus allowing the couple to potentially bypass an arduous and contentious divorce process. But there’s more to prenups than this alone. A prenup can also help you protect your spouse from third-party creditors associated with your own debt (if you enter the marriage with a considerable amount of debt). Whatever your prenup concern, an experienced Florida prenup attorney can help.
One point that it’s important to make is that no prenup or postnup can relieve you or your spouse of your financial obligation to pay back debt that is considered marital property. Generally, any assets or debts you accrue during the course of your marriage are considered marital property, which will be divided in a manner that’s deemed fair in relation to the circumstances in the event of a divorce. Prenuptial agreements can’t alter this fact. If, however, you are bringing considerable debt into the marriage, a carefully crafted prenup can help protect your spouse in the event of a divorce or upon your death.
A prenuptial agreement is only binding for the two parties involved – and does not affect a third party such as a loan holder or credit card company or their ability to come after money that’s owed them. If both of your names are on the loan or card, then you are both on the hook financially. Further, if the debt was accrued during the course of your marriage (regardless of whose name it is in), you’re both likely financially responsible. A prenuptial agreement, however, can allow one spouse to go after the other to obtain reimbursement for third-party debt payments (that are delineated in the prenup).
Many people are confused by the idea of prenuptial agreements, but the basic facts are fairly straightforward, including all of the following:
If you think a prenup is a good idea for your situation (such as if you are interested in protecting your soon-to-be spouse from your own debt), there are several points to keep in mind:
Ensure your spouse is protected from third-party creditors with a prenup drawn up by JustPrenups. Please
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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