Tampa Prenuptial Agreement Lawyer
Although many couples shy away from entering into prenuptial agreements, the fact remains that these types of contracts are one of the best ways to ensure that a couple’s assets and property are divided fairly in the event of a marriage’s dissolution. However, prenuptial agreements won’t be considered legally binding unless they fulfill certain requirements, so if you are preparing for marriage and are thinking about entering into a prenuptial agreement with your significant other, it is important to speak with an experienced Tampa prenuptial agreement lawyer who can ensure that your agreement is enforceable and won’t be thrown out by the court.
Ensuring that a Prenuptial Agreement is Enforceable
In order to be considered valid and enforceable, all prenuptial agreements in Florida must be signed by both parties and recorded in writing. Both parties must also be represented by independent legal counsel, given sufficient time to read the entire agreement, and be given all relevant information about each other’s assets and liabilities. Portions of prenuptial agreements can also be declared invalid if they include prohibited information. For instance, child custody-related issues cannot be included in prenuptial agreements, so if topics related to time sharing or child support are included in the agreement, the court can strike these provisions.
It is also possible for an entire agreement to be thrown out. This is a common consequence when it is determined that one of the parties was forced to sign the agreement under duress or didn’t have the mental capacity to enter into a legally binding contract in the first place.
When to Execute a Prenuptial Agreement
It’s almost always a good idea for couples to enter into prenuptial agreements before their weddings. However, it is especially important for couples in specific situations to consider drafting a prenuptial agreement. For instance, Florida residents who own businesses are strongly encouraged to create a prenuptial agreement, as these contracts give the parties the option of labeling any existing or future business interests as one spouse’s separate property.
Couples who anticipate moving to another state should also consider drawing up and signing a prenuptial agreement. This is because the laws governing how assets are divided upon divorce vary by state, so couples who enter into these agreements are able to make sure that their assets are divided and distributed in a specific way regardless of what state law requires.
Finally, those who have children from a previous marriage should consider contacting an attorney about drafting a prenuptial agreement, as these contracts can ensure that, in the event of divorce or the parent’s death, the children are not disinherited. Instead, the parties can draft the agreement in such a way that the other spouse’s right to inherit certain assets is waived and the children from a prior union will receive at least a portion of their parent’s estate.
Contact an Experienced Tampa Prenuptial Agreement Lawyer Today
To speak with an experienced prenuptial agreement lawyer about the advantages and disadvantages of entering into this type of contract, please call The Pawlowski//Mastrilli Law Group at 813-242-4404. A member of our legal team is available to answer your questions and concerns 24 hours a day, seven days a week.