Fort Lauderdale Prenuptial & Postnuptial Agreements Attorney
Getting married is often a joyous occasion and a cause for celebration. Making the commitment to share your life with someone is a personal decision that will change your life. Though you may not think about it during the nuptials, marriage is also a legal decision and business relationship. You and your spouse become legally bonded upon marriage, and that bond comes with certain legal consequences. Generally, those legal consequences can only be severed through divorce or death. It may be uncomfortable to think about now, but considering a prenuptial or postnuptial agreement can help save you time and money if you and your spouse divorce.
What Are Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements are written agreements with the legal weight of a contract. These agreements dictate what will happen with your money, property, and debt if you and your spouse divorce. In other words, you are a making an agreement about who gets what if the marriage does not work out. Under Florida law, the main difference between a prenuptial agreement and a postnuptial agreement is timing. Prenuptial agreements are written and signed before the marriage, while postnuptial agreements are signed during the marriage. Because you and your fiancé or spouse are agreeing voluntarily after full financial disclosure, prenuptial and postnuptial agreements usually cannot be changed in the future.
How Can These Agreements Help Me?
One important legal consequence of marriage is that you will jointly own marital property with your spouse. In Florida, marital property is defined as all assets and debts either you or your spouse accrue during the marriage, subject to some exceptions. Even if an asset or debt is titled solely in one party’s name, under the law, both parties own it as marital property. In the event of a divorce, Florida law requires marital property to be “equitably” or fairly distributed to each spouse. The process of fairly distributing all marital property takes a great deal of time and effort, which often amounts to higher legal costs during your divorce case. Too often, a divorce judge is left to determine what property or alimony each spouse will receive following the divorce. Do you really want someone else making such an important determination?
Consider signing a prenuptial or postnuptial agreement with your fiancé or spouse to avoid such problems in the future.
Hire an Experienced South Florida Family Lawyer
No couple enters marriage with the intent of getting divorced. But with over 50% of American marriages ending in divorce, you need to think about how a divorce could impact your financial future. A great way to protect yourself in case of divorce is through a prenuptial or postnuptial agreement. Attorney Jennifer Kane Waterway has been serving South Florida families for years and can help you. Attorney Waterway helps families through a wide variety of family law matters, including prenuptial agreements, postnuptial agreements, divorce, and more. Contact us for more information.