Tampa Prenuptial & Post-Marital Agreement Lawyer
While most people don’t enter into marriage assuming that they will later decide to get divorced, the reality is that this is a very real possibility for many couples. For this reason, most couples are encouraged to consider entering into a prenuptial agreement before getting married, which ensures that both parties will be financially provided for in the event of divorce. However, this is not the only method of securing one’s financial future, as married couples are also permitted to enter into post-marital agreements after their wedding has already taken place. Both of these types of contracts come with specific legal requirements that must be fulfilled before they can be enforced, so if you are preparing for your own marriage, or are already married, but are interested in drafting a post-marital agreement, it is important to contact a dedicated Tampa prenuptial & post-marital agreement lawyer who can ensure that your agreement is legally binding and enforceable.
How to Draft a Prenuptial Agreement
Because prenuptial agreements have the potential to dictate a couple’s post-divorce financial situation, state law requires that they comply with a series of strict standards. Besides needing to record the agreement in writing and sign it, each party must also:
- Be given sufficient time to read the agreement and consider its provisions before signing;
- Be represented by a different attorney than the other party; and
- Be given a complete disclosure of the other person’s financial assets and debts.
Couples who enter into prenuptial agreements are also prohibited from including certain provisions in their contracts. For instance, in addition to agreeing to buy, sell, or use certain property, couples can also contract with respect to the establishment or waiver of spousal maintenance. However, soon-to-be spouses are never allowed to eliminate child support or to completely eliminate spousal support if it means that the other party will require public assistance.
Post-marital Agreement Requirements
Unlike prenuptial agreements, which are created before a marriage takes place, post-marital agreements are entered into after the wedding, although both types of agreements do fulfill similar functions, as they allow spouses to decide how assets will be divided in the event of separation, divorce, or death. Furthermore, a couple does not have to be contemplating divorce in order to begin post-marital negotiations. In fact, post-marital agreements have become an increasingly popular decision for those who anticipate any type of major change, including changes in employment, business interests, or family relationships. Many post-marital agreements, for instance, are entered into after the birth of a child and are intended to ensure that in the event of divorce or one spouse’s death, the child will have financial support.
Like prenuptial agreements, post-marital contracts must be in writing and signed by both parties. Similarly, both parties must make full financial disclosure to each other or risk having the agreement thrown out by the court.
Dedicated Attorneys Available to You 24/7
If you are thinking about entering into a prenuptial or post-marital agreement, you need the advice of an experienced lawyer. Please call The Pawlowski//Mastrilli Law Group at 813-803-6518 to learn more about your legal options.