To start with the basics: prenuptial agreements are written agreements between two people before they are married. They are used for laying out rules in what each party will receive just in case the marriage does not work out. Most prenuptial agreements, also known as prenups, include provisions for dividing property, protection of property as well as alimony (child support)/spousal support.
Postnuptial agreements in Florida are almost identical to prenups, mostly due to the fact that they are also a way to protect your assets in the case of a divorce or separation. However, instead of being signed before the wedding, they are signed after the fact with proficient Florida prenuptial attorneys or Florida postnuptial lawyers. As well as this, more disclosure is required after marriage to make it a valid agreement. The right to share in each other’s estate upon either spouse’s death To alimony, or spousal maintenance.
Your postnuptial agreement can also include provisions for property that is bought in the future during your marriage, such as houses, cars, among other things. The postnup is used to decide how to evenly split these various elements.
In both pre and postnuptial agreements, property disclosures should include physical property such as cars and jewelry, as well as real property that includes real estate and land. Among other financial assets one can include in them are stocks, cash, bonds and retirement accounts. Read on to learn more about prenuptial and postnuptial agreements.
Facts about Prenuptial/Postnuptial Agreements:
- 15% of divorced Americans regret not signing a premarital agreement, according to a report from US News & World Report.
- If your spouse happens to be in debt before you two get married, having a prenup can prevent you from having to take care of it.
- Prenups can demand what will be done with the money you and your spouse get if there is a divorce or separation, as well financial disclosures of all assets and debts and details on how they would be divided.
- These contracts must be prepared in a certain manner in order to be considered legally-binding.
- Financial duties in a marriage can be written out in a prenuptial agreement, such as tax filings, bills, bank account usage, etc.
- Pre/postnuptial agreements do not only dictate what happens in the event of a divorce, but with death as well.
- 44% of singles would sign a prenup before marrying their partner.
- Only 5-10% of marrying Americans sign a prenuptial agreement.
On top of these logistics, pre/postnuptial agreements can also include non-financial agreements not many couples take into consideration before the wedding, although not many necessarily agree with them. Among these are lifestyle-related, such as children, diets, residence, etc., personal grooming, etc.
Who Should Get a Pre/Postnuptial Agreement?
Technically, anyone who is getting married or entering a civil union is legally able to acquire a prenuptial/postnuptial contract beforehand. However, there are various cases in which people would seriously want to take signing a marital agreement/prenuptial and postnuptial agreements into consideration. These cases include, but are not limited to:
- People expecting to inherit a large a sum of money in the future
- Retirement, property or stock funds are substantial assets in your life
- You have children, and you would like to make sure that they will inherit their fair share of your assets
- Couples who have a large disparity in their incomes.
- You are taking care of loved ones, i.e. elderly parents, who you would like to have part of your assets.
How to Get a Pre/Postnuptial Agreement
First and foremost, always make sure to have open lines of communication with your partner, especially when it comes to a topic that can be as sensitive as prenuptial/postnuptial contracts. Tell them your reasoning, any concerns and why you think signing one would be best for your relationship. The contract should benefit both your interests, not leaving one or the other dissatisfied or feeling like it is unfair. If it’s proposed, the prenuptial agreement should also add that each party waives various rights given a death of the other part, such as elective share rights.
After this has been discussed, one’s next order of business is to find Florida prenuptial attorneys or Florida postnuptial lawyers that will best suit them and their pre/postnuptial needs. Although you can draft your own, most people choose to have their lawyer draft a prenup due to the fact that courts can invalidate any that are not properly created.
It is a wise idea for each party to seek their own individual lawyers. This allows for each person’s interests to be protected throughout the entire process, on top of a potential divorce or separation. As well as this, the possibility of Florida courts hesitating to implement a pre/postnup by those who did not have individual, legal representation is higher.
Hiring Florida Prenuptial Attorneys
If you are on the fence of signing a pre or postnuptial contract with your partner in the state of Florida, you want to make sure that you implement the use of competent Florida prenuptial attorneys, Florida postnuptial lawyers or family law attorneys for legal advice. It is highly recommended and very important that a professional, such as a Florida postnuptial lawyer in this field helps you and your partner shape the best prenuptial/postnuptial contract possible with both of your best interests in mind.
The Berman Law Group has decades of collective experience handling prenuptial and postnuptial agreements of all shapes and sizes. We can help you and your partner when you need it most. The Berman Law Group is your trusted South Florida law firm for all things marriage and divorce.
Contact us today at 1-800-375-5555 to learn more about our team of attorneys ready to take care of you and your case. Your case review is always free.