Tampa Prenuptial and Postnuptial Agreement Lawyer
Prenuptial and postnuptial agreements are legal contracts that guide how financial matters are resolved in the event of divorce or at the time of one spouse’s death, and they have a lot more to offer than you may realize. While prenups and postnups have something of a dubious reputation, this reputation is ill-founded. In fact, having a well-considered prenup or postnup in place can help you strengthen your marriage by taking divorce-related financial concerns out of the equation. If you’re preparing to marry – or have been asked to sign a prenup or postnup – speak with a dedicated Tampa premarital agreement attorney about your best options.
Doesn’t a Prenup Mean I’m Not All In?
One thing a prenuptial agreement is not is an indication that you aren’t fully committed to your upcoming marriage. Marriages and prenups are both contracts, but a prenup can help you refine how financial concerns will be resolved if your marriage does end in divorce, which – we all know – sometimes happens. Having a prenup is not a way to hedge your bets but is, instead, a sign of your commitment to addressing important financial concerns upfront while you focus on building a strong marriage moving forward.
What’s a Postnup?
A postnuptial agreement is very similar to a prenuptial agreement. While it can address the same financial concerns that a prenup does, a postnup differs from a prenup in terms of when it is executed (or when it goes into effect). Prenuptial agreements are written and signed prior to marriage, and they go into effect as soon as the couple is married. Postnups, on the other hand, are written, signed, and executed during the marriage. Sometimes, postnups are used to replace outdated prenups. Whatever your postnup concern, an experienced postnup lawyer can help.
Why You May Want to Consider a Prenup or Postnup
Prenups and postnups play different roles in different marriages, but there are several primary reasons that couples typically turn to these agreements.
Prenups and postnups aren’t only about divorce. They can also play an important role in your estate planning. For example, if you have children from a previous marriage, a prenuptial agreement can help you ensure your children will inherit your assets (instead of inheriting according to the state’s determinations).
In some circumstances, debts taken out before marriage can become marital property. In other words, there are situations in which you may become liable for your spouse’s debts, and that liability can continue after a divorce. A focused prenuptial agreement attorney can help you resolve your concerns about your soon-to-be spouse’s outsized debt.
Putting Your Cards on the Table
A prenuptial agreement requires both parties to share their financial information openly, and this is a good thing. In the end, solid relationships are built on trust and open communication, and when you head into a marriage without any nasty financial secrets, it helps set the stage for a stronger relationship.
Protecting What’s Yours
The assets you bring into your marriage are considered separate property, while the assets that you acquire while you are married are marital property. In Florida, marital property must be divided between both of you in a manner that is deemed equitable – or fair under the given circumstances – in the event of divorce. While your separate property will remain your own, this is only true if you manage to keep it separate throughout your marriage, which – considering the fast pace of our modern lives – can be a very tall order. A prenuptial agreement can make it far less challenging to keep separate property separate.
Factors that Make Prenups Even More Advisable
While prenups are often advisable, there are certain instances when considering a prenup is always in your best interest. These include:
- If you are involved in a family business
- If you have considerable family wealth
- If you are a business owner or co-owner
- If you own real estate properties
- If you have significant wealth of your own
- If you have unique financial considerations to address
- If you have a child or children from another relationship
- If you expect to come into a considerable inheritance
Whatever your unique concerns, discussing them with a practiced prenup attorney is in your best interest.
A Legally Binding Prenup/Postnup
In order for your premarital agreement to be legally binding, it must adhere to all applicable state laws, and any of the following can leave yours unenforceable:
- If you were coerced to sign the contract or were led to do so through fraud or under threat
- If you did not sign the contract willingly (or knowingly)
- If you were not aware of your soon-to-be spouse’s financial situation when you signed the contract and did not waive the right to the information in writing or if you did not know or could not have reasonably known about his or her financial situation when you signed the contract.
Finally, your prenup or postnup cannot delve into issues such as your child custody arrangements or child support. Whenever children are involved, Florida courts base their decisions on the best interests of those children, which must be determined at the time of the divorce.
An Experienced Tampa Prenuptial & Postnuptial Agreement Attorney Is Standing by to Help
Chantale Suttle at JustPrenups.com in Tampa is a well-established prenuptial agreement lawyer who takes great pride in helping clients like you execute prenups and postnups that protect their financial rights into the future. We’re ready to help you, too, so please don’t hesitate to reach out and contact or call us at 800-959-1614 for more information today.