Miami Family Attorneys Explain Importance of Prenuptial Agreements
What’s the last thing on your mind while preparing for your upcoming wedding? Getting a prenuptial agreement. With divorce rates so high, however, it is understandable why prenuptial agreements have become more commonplace. There are certain situations where you will certainly want to move forward with a prenuptial agreement, if:
- You own assets such as a home, stocks or retirement funds
- You own your own home
- You know that you will be receiving an inheritance
- You have children and/or grandchildren from a previous marriage
- Either you or your fiancée is wealthier than the other
- One of you will need to support the other through college
- One or both of you have relatives who will require care, such as elderly parents
- You currently have or will be pursuing a degree or license in a profitable field (such as medicine or law)
- You could see a huge increase in your income due to a business becoming successful or striking it rich in the lottery
If this is issue is important to you, then you will not want to wait until a week or just two days before your wedding, to simply slip a paper to your fiancée and say, “Hey, can you sign this really quickly?” It is best to approach the matter at least one to two months before the wedding, preferably before the invitations go out. This is not an issue to be discussed on a whim. You must think about how you will carefully present your ideas about wanting a prenuptial agreement, and why it’s important to you. Be sure to put yourself in your fiancée’s shoes, and any questions and concerns that she might have; be willing to hear and discuss those concerns with an open mind.
At the law offices of Gilbert & Smallman in Miami, Broward County, and Tallahassee, Florida, we frequently work with couples who wish to draft pre-nuptial agreements that protect their future interests.
Florida Prenuptial Agreements
The state of Florida recognizes prenuptial agreements, cohabitation agreements, and domestic partnership agreements when considering the distribution of assets and awarding alimony. We work closely with our clients to gain a complete understanding of their circumstances and concerns. Our attorneys know the legal requirements necessary to draft prenuptial agreements that will be binding in the event that the marriage fails. Some of the prenuptial agreements we have drafted included clauses addressing:
- Business assets
- Real estate
- The length of the marriage
- Alimony
- The appreciation of assets
- Premarital property
- Inheritance issues
- Pensions
- Fidelity
When drafting prenuptial agreements, we use the process to foster open communication between couples. Often, people entering into a marriage do not have a comprehensive understanding of their partner’s assets and debts. By clearly presenting all the assets the couple brings to a marriage and establishing liabilities and responsibilities, couples are able to enter into marriage with less anxiety.
Contact Our Law Offices Today
If you are getting married and have questions about a prenuptial agreement, please contact Gilbert and Smallman in Miami, Broward County, and Tallahassee, Florida. Our attorneys can be reached by phone at 786.371.4431, by e-mail, or by filling out the intake form on our Contact page.
