Tampa Prenuptial Agreement Lawyer
Nobody enters a marriage immediately thinking about divorce or death. Nonetheless, a premarital agreement can provide peace of mind to men and women preparing to walk down the aisle. Call Bubley & Bubley, P.A. to talk with a member of our team about whether you need one of these agreements. A premarital agreement benefits all sorts for people, not only the wealthy. Ordinary men and women have taken control of their futures by negotiating and signing an agreement. A Tampa prenuptial agreement lawyer can explain more in a consultation and answer your questions.
A Prenuptial Agreement Serves Many Purposes
This is a legal contract you sign before marriage. It can set expectations for the marriage and clear up any confusion about what will happen should you unfortunately divorce or if one spouse dies. Prenuptial agreements are valid in Florida, but you need to draft them the right way. Nobody benefits from creating a rushed document which a judge will strike down in the middle of divorce proceedings.
You might benefit from a prenuptial agreement if:
- One spouse is entering the marriage with significant assets. This spouse might want to protect them in the event of divorce.
- One spouse has a trust fund. It’s critical to clarify whether the trust remains the separate property of one spouse or not.
- One spouse has children from previous relationships. In Florida, a surviving spouse has a legal right to 30% of their deceased spouse’s estate after death, regardless of what is in the will. However, a spouse can waive their right to this “elective share” in a prenuptial agreement, which means more assets are available to children.
You or your spouse owns a small business. Depending on the facts, a small business might be a marital asset, which means part of the equity will belong to your ex. You can prevent that from happening by drafting a solid prenuptial agreement.
A valid prenuptial agreement can:
- Identify which assets are marital and which are separate;
- Determine who leaves the marriage with a small business;
- Determine whether a spouse will receive alimony after divorce and, if so, how much and for how long;
- Waive the right of an elective share when a spouse dies;
- Decide whether you will contribute to your child’s college education or support them after they reach adulthood.
Prenuptial agreements are complicated. It’s critical that each side retain individual legal counsel. A prenuptial agreement cannot be procured through force or coercion, so you shouldn’t spring it on your fiancé the night before the wedding. Also, your agreement should not include unenforceable provisions, like waiving child support.
Call the Tampa Prenuptial Agreement Lawyers at Bubley & Bubley, P.A.
Prenuptial agreements are an excellent tool for taking control of the future and for entering your marriage with peace of mind. Our firm can create a solid prenuptial agreement and negotiate with your fiancé’s attorney so that it is valid. We can also review any prenup which your partner has sprung on you with the wedding day approaching. Contact us to speak with our Tampa prenuptial agreement lawyer.