Do I Need A Premarital Agreement?
People have different opinions about premarital agreements, some find them to be a useful tool while others do not feel comfortable talking about a pending marriage ending. The truth is if you are considering a prenuptial agreement, you may need one. A type of legal document, prenups protect individuals financially should the marriage not last. This is essential for some families. For example, maybe you want to shield an inheritance for your children.
To talk through how a premarital agreement could be beneficial for you and others in your family, discuss your situation with a Tampa family lawyer. An experienced attorney will inform you of a range of options and advise you on what you should include in an agreement for your unique objective.
Things You May Want to Include In a FL Prenup
Discussing your objectives with a lawyer is essential because there are different considerations you can put into a premarital agreement. For instance, maybe you have strong feelings about some of the property you own, possibly because it was part of an inheritance or you worked over time for a specific piece of real estate. If this is true for you, you could add language about asset division in a prenup.
Additionally, there may be concerns about spousal maintenance payments. High worth couples could include a maintenance payment amount within an agreement so that there are no surprises when it comes to alimony. Not only does this provide clarity, it can lead to a divorce that is less costly and combative should the marriage end in the future.
And while you can include language connected to custody of children and parenting plans, Florida courts will always make judgments in the best interests of the children. Because of this, a range of facts will be reviewed. If it is determined the agreement outlined in the prenup is good for the kids, it will be awarded.
Issues Leading to a Prenup Not Being Upheld
Having legal contracts is a form of protection, but there are times when they are disputed. A court could not uphold a prenup if any or all of the following are true:
- Contract does not have the signatures of both individuals.
- Full disclosure of assets and debts did not take place.
- There was hidden information that would have changed the terms.
- The terms are so unfair to one spouse that they are deemed “unconscionable.”
Making sure your premarital agreement is drafted properly is a path to avoiding future legal issues. When you work with a seasoned Tampa family lawyer, you can establish a legally binding document.
Is a prenuptial agreement on your mind? It is important to take all the steps you need to in order to enter a marriage with confidence. Premarital agreements are common, and the experienced attorneys at Blair H. Chan, III can inform you of your options and walk you through the process, whether you are looking to draft a fresh agreement or are disputing terms your partner has put forward. Connect with a skilled family lawyer today, call 813-280-5301 to schedule an initial consultation.