Why Draft A Prenup Before You Get Married In Florida?

Prenuptial agreements, also called premarital agreements, are legal documents that outline how assets are going to be divided in case the couple gets divorced. Historically, these agreements have been referred to as killers of romance, but that is not the case today. Many people are starting to realize the many benefits of prenuptial agreements and drafting them before marriage. Below, our Tampa family law attorney explains the five biggest benefits these agreements hold for couples.

Outlining Marital Property

When a couple gets a divorce, the family court will determine which property is considered marital and how to distribute it. Marital property includes any assets and liabilities that the couple purchased together during the marriage. Separate property includes any assets or liabilities one spouse owned before the marriage and is not divided during divorce. Determining which property is considered marital and which is considered separate is very difficult during divorce and is often the source of heated debate. A premarital agreement can outline what is considered separate property to keep these disputes from arising.

Fair Distribution of Assets

If you enter into a marriage with significant assets and your spouse has considerably less, you may lose at least some of them during divorce. A prenuptial agreement will ensure that you keep your assets regardless of what happens with the marriage. If you are retiring soon, or already are retired, a prenup is even more important, as you will not earn as much income in the future.

Have Important Conversations

You should have many important conversations with your fiancé before getting married. You should each know what the other is bringing into the union, including not only your separate property, but also the amount of debt that each of you carry. Premarital agreements can encourage these conversations and ensure they are had, which can actually strengthen a marriage before it is even official.

Protect Your Children

If you have children from a previous relationship, the new marriage could impact their financial futures, as well. A premarital agreement will allow you to define their inheritance and any other property you want them to have, so they will not be negatively affected regardless of what happens in the marriage.

An Easier Divorce

No one wants to think about divorce before they even get married, but the sad fact is that the divorce rate throughout the country is relatively high. Without a premarital agreement, the divorce process can quickly become messy and complicated. A prenup will address many of the most contentious issues that come up during divorce.

Our Family Lawyers in Tampa Can Help with Your Premarital Agreement

If you are about to get married, it is critical that you protect yourself with a premarital agreement. At All Family Law Group, P.A., our Tampa family lawyers know what the courts consider when enforcing these legal documents, and can draft yours properly so you are fully protected. Call us now at 813-672-1900 or reach out to us online to schedule a free consultation. Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html