Tampa Prenuptial & Postnuptial Agreement Lawyer
When people think of prenuptial agreements, they associate these documents with rich people who are getting married. But the truth is that anyone can have these documents in place if they plan to get married. In fact, anyone with any assets should get one. You can also get a postnuptial agreement, which is a prenuptial agreement that the couple enters after the marriage has taken place. These documents dictate the rights and obligations of each party if they ever separate or divorce.
However, prenups and postnups are often seen as controversial, as they pretty much outline what will happen in a divorce — even before a couple is married. They are seen as unromantic, almost predicting that the marriage will fail.
Still, a prenuptial or postnuptial agreement can be a great way to protect what’s yours. Do you need one? Contact the team at Faulkner Law Group, PLLC so we can assess your situation. Our experienced Tampa prenuptial & postnuptial lawyer will work with you to draft a document that works well for both parties.
What Does a Prenuptial Agreement Entail?
A prenuptial agreement contains the rights and obligations of each party in the event of separation or divorce. Each agreement is different, as it is personalized to your unique circumstances. Some things that are included in a prenuptial agreement include:
- Estate and property division
- Instructions for establishing alimony
- Protection from your spouse’s debts
- Division of businesses or inheritances
- Provisions for children from a previous relationship
Why Would Someone Want a Prenup or Postnup?
There are many reasons why someone would want a prenuptial or postnuptial agreement. They include:
- To clearly specify each party’s wishes regarding marital property
- If a spouse has extensive debt or legal issues
- To ensure inheritances for children from a previous relationship
- To protect a spouse who has received an unexpected financial windfall, such as an inheritance or lottery winnings
- To provide for a spouse who has chosen to stay home to care for children
What Cannot Be Included?
A prenup or postnup cannot contain any of the following:
- Anything illegal. A prenup or postnup cannot contain anything illegal. Asking your spouse to commit a crime, for example, can make the entire document null and void.
- Decisions regarding child support or child custody. Child support and child custody are issues of public policy that are determined by the courts, so they cannot be included in a prenup or postnup. The judge will decide what is in the child’s best interests.
- Provisions encouraging divorce. The document should not offer any financial incentive for divorce. That’s because society has an interest against divorce.
- Details about personal matters. A prenup cannot include personal matters, such as household chores, child rearing, where to spend the holidays, whose name to use, or how to deal with certain relatives. Prenups and postnups are for financial issues.
Contact Us Today
A prenuptial or postnuptial agreement can help protect your assets in the event of a divorce. Whether you are getting married or have been married for years, consider one of these documents. Contact The Faulkner Law Group, PLLC today to get started on the process. We’ll work with you to create a fair, legally binding document. Call (813) 544-3919 or fill out the online form to schedule a consultation with a Tampa prenuptial/postnuptial lawyer.
