Prenuptial agreements are a topic that many couples discuss prior to getting married. There are many different stereotypes and opinions about this type of agreement. Before reaching a conclusion, you should speak to a Fort Lauderdale prenuptial agreement lawyer about whether it makes sense for your spouse and you. Many people mistakenly believe that a prenuptial agreement is only for couples who think that a divorce is likely, but that is not true. Rather than causing disruptions or indicating that a marriage may not last, these agreements allow spouses to determine their own financial destinies and to provide for a smooth and efficient process in the event that the marriage reaches an end. At Stok Kon + Braverman, our divorce attorneys are ready to help people in South Florida determine whether a prenuptial agreement makes sense for them.Understanding Whether a Prenuptial Agreement is Right for You
In general, a premarital agreement is a contract between two individuals who are preparing to be married. The contract determines many different issues and items in the event that the parties ultimately decide to seek a divorce. Many people think that you must have substantial assets for a prenuptial agreement to be worthwhile, but that is misleading. There are many types of individuals who may benefit from a prenuptial agreement, including individuals who own any property or assets that they wish to retain in the event of a divorce. This could be land, personal property, or a business.
When it comes to a business, for example, many individuals want to maintain ownership or involvement in a certain business in the event that the marriage fails. The other spouse may attempt to claim a 50% ownership in the business without a prenuptial agreement, even if he or she did not participate in running or growing the business. A prenuptial agreement attorney can help Fort Lauderdale residents carefully craft an arrangement that preserves their wishes. Also, if you have a child from a prior relationship and want to preserve your existing relationship and custodial rights over that child, a prenuptial agreement will allow you to achieve this. (As noted below, you cannot make arrangements involving children from the current relationship.) Next, couples can use a prenuptial agreement to determine whether one will owe the other alimony upon a divorce. The spouses may want to make an agreement about whether one of them will remain at home to care for any children while the other works to support the family. The individual who remains at home could claim a right to spousal support upon a divorce without needing to revisit that issue.Identifying the Terms That a Prenuptial Agreement Can Cover
In Florida, spouses are allowed to utilize a prenuptial agreement to make any kinds of arrangements that do not otherwise violate the law. This gives the parties an enormous amount of freedom when it comes to determining what will happen should a divorce occur. There are a few basic terms that our Fort Lauderdale prenuptial agreement attorneys often cover in these agreements. For example, each spouse’s property rights over any separate or shared property, such as a house that they intend to buy upon marriage, should be addressed. Also, how any assets will be divided at divorce is critically important. This can include existing assets or any anticipated assets that the parties may acquire throughout the marriage, such as real estate, vehicles, or expensive artwork. The prenuptial agreement should likely also cover what will happen to each spouse’s retirement plans and life insurance policies. If either spouse intends to pursue an educational degree during the marriage, the parties should discuss who will be responsible for paying for the debt if the parties separate before the degree is completed or before the tuition is paid. When it comes to child support and custody (timesharing) for shared children, however, Florida law requires a court order to determine whether each parent will have custodial rights or child support obligations.Contact an Experienced Prenuptial Agreement Lawyer in Fort Lauderdale
If you think that you may be interested in drafting a prenuptial agreement, have questions about the process, or have an existing prenuptial agreement that you need help in interpreting, the family law attorneys at Stok Kon + Braverman are prepared to assist you. Representing clients in cities such as Fort Lauderdale, Boynton Beach, Hollywood, Pembroke Pines, Tamarac, Weston, Plantation, Pompano Beach, Hallandale Beach, Davie, and Coconut Creek, we offer a free consultation* to help you learn more about your situation and legal options. Contact us online or call us at 954-237-1777 or 561-736-7117.