A prenuptial agreement can protect both parties to a marriage, as it can provide financial certainty and peace of mind. Being a binding legal document, your prenuptial agreement should be airtight.
A Gainesville prenuptial agreement lawyer at Bogin, Munns & Munns can draft an agreement that suits you and your spouse-to-be.
Why Create a Prenuptial Agreement?
A prenuptial agreement is a type of premarital agreement that, as Florida § 61.079 explains, takes effect once two parties become married. Therefore, you would draft and sign your prenuptial agreement before you marry your spouse-to-be.
You may enter into a prenuptial agreement (or “prenup”) for multiple reasons, including:
Protect Assets
A prenuptial agreement will spell out the division of assets in case of a divorce. For someone who enters a marriage with substantial preexisting assets, the prenup provides protection from unfair property division in the event of divorce.
Your prenuptial agreement may protect you from:
- Forfeiting any property that you acquired before marriage
- Paying alimony beyond what the agreement specifies
- Responsibility for your partner’s debts
- Any other financial obligations that might befall you without a prenup in place
The prenuptial agreement can protect both parties from financial liability.
Avoid a Muddled Divorce Process
A prenuptial agreement may render messy divorce proceedings unnecessary. With a prenup in place, you will not have to determine who gets what property or who pays who in the case of a divorce. A prenup can dictate all these concerns.
It’s important to note that you’ll likely enter a prenuptial agreement at a relatively positive time in your life—you’re about to be married, after all. You may be able to make more level-headed, unemotional decisions at this time, as opposed to during divorce proceedings.
Peace of Mind
Couples do not enter marriage intending to get divorced. Both parties hope for a long, fruitful union. Nobody wants to think of getting divorced. However, a prenuptial agreement may make some people feel much more stable in their marriage. They will not have to worry about what could happen if a divorce does occur.
If you feel that a prenuptial agreement can provide any benefit, work with a prenuptial agreement lawyer in Gainesville who can help.
To consult with an experienced prenuptial agreement lawyer serving Gainesville
(855) 780-9986
What Can Your Prenuptial Agreement Cover?
Prenuptial agreements are highly customizable. It’s your decision as to what your prenup will or won’t cover.
A prenuptial agreement can dictate:
- Who owns what: The prenup can clearly state property ownership, which can dictate property division in the case of a divorce.
- Who is responsible for financial obligations: Your agreement may state which financial obligations (like student debt or personal loans) belong to each partner. You may choose to help a partner with certain debts, but not others. Your prenup can eliminate any confusion about individual financial debts.
- What happens to property acquired during the marriage: Married couples may acquire property together during the marriage. A prenup can dictate the division of such property, which may include homes, real estate, and vehicles.
- How to complete a future divorce: A prenuptial agreement may dictate the process for any future divorce. Couples may agree to undergo mediation, for example, for any issue that a prenup does not resolve.
You may choose to include or exclude certain items from your prenuptial agreement. These agreements can be as simple or complex as you require.
Note that there are certain things a prenuptial agreement can’t resolve on its own. Child custody is a notable issue that you’ll generally have to resolve through other avenues.
Should You Get a Lawyer for a Prenuptial Agreement?
Work with a lawyer in Gainesville to draft your prenuptial agreement. Your lawyer will ensure the document is legally sound, and that it covers all the issues you’re concerned with.
A prenuptial agreement lawyer will:
Meet With Both You and Your Spouse-to-Be
A prenuptial agreement is anything but one-sided. The prenup will affect both you and your spouse-to-be. Therefore, we will meet with you both to discuss your goals with drafting a prenup.
During this meeting, your lawyer will:
- Listen to both of your concerns
- Explain the general process for completing a prenuptial agreement
- Answer any questions that you have
- Learn what you hope to achieve with your prenuptial agreement
- Explain how we can help you
You should be comfortable with the lawyer who will draft your prenup. Your initial meeting will tell you whether they are the right party to complete your prenuptial agreement.
Draft the Prenuptial Agreement
A prenuptial agreement is a legal document. Your lawyer will draft your agreement in a manner that Florida law requires. All language in the document will be clear, and the attorney should review the agreement with you, answering any questions that you have.
Make All Necessary Revisions to the Prenup
The first draft of your prenup may not be the final draft. An attorney from our firm will ensure the final agreement is just right. A prenup is a document that must stand the test of time. We make all necessary revisions to tailor your prenuptial agreement to your unique specifications.
Ensure that the Prenuptial Agreement Is Legally-Binding
Our firm takes all necessary steps to ensure your prenuptial agreement is valid. We will ensure the legitimacy of the prenup with notarization, proper formatting, and other due diligence.
Gainesville Prenuptial Agreement Lawyer Near Me
(855) 780-9986
Call Bogin, Munns & Munns About Your Prenuptial Agreement Today
Bogin, Munns & Munns keeps more than 40 attorneys on staff, including family law attorneys who can help with your prenuptial agreement.
Call Bogin, Munns & Munns today for a consultation.
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