Protect Your Hard-Earned Assets with a Prenuptial Agreement
A prenuptial, antenuptial or premarital agreement (also known as a prenup) allows a couple prior to marriage to choose what happens financially if their marriage ultimately ends in a divorce.
It’s a written contract, usually created by an attorney for one party and shared with the other party, that lists all the property and assets each person owns (and any debts) and lays down what each of the party’s rights will be to that property after the marriage. It’s a good way for a wealthy people to protect their assets and clarify their financial rights and responsibilities during marriage.
Prenups aren’t just for the wealthy anymore, however. A prenup is also a useful legal tool for a couple if there are children from prior marriages for either or both spouses. A prenup can specify what happens to your property when you die, allowing for your property to pass to your children instead of to your spouse. Without a prenup, the surviving spouse may have the right to claim a large portion if not all the spouse’s property, leaving nothing for the other spouse’s kids.
In the event the marriage ends in divorce, a prenup that specifies how property will be divided can help avoid arguments and lengthy court battles about alimony and support. A prenup can also be used to protect yourself from your spouse’s debts, so you don’t end up on the hook for something down the road.
Depending on where you live, marital property, divorce and probate laws usually give spouses the right to share ownership of property acquired during marriage, with the expectation that the property will be divided evenly in the event of a divorce or if you die. Spouses also have the responsibility for each other’s debts incurred during the marriage and they share in the management of community property. Without a prenup, your state’s laws will determine who owns the property acquired before or after you marry.
You may have seen prenuptial agreements online that you download for free, but keep in mind, these templates offer at best only a cookie-cutter, one-size-fits-all approach, which may not provide the protection you’re seeking. It’s wise to consult an attorney who is experienced in contract law and family law.
If you want to ensure your rights and property are protected, consider getting a prenup drafted by an attorney. RTRLAW’s experienced Family Law and Contract Law attorneys can draft a legally sound prenup that works best for you and your situation, that will be upheld by a court and complies with all Florida laws.
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