Many people dismiss marriage contracts as indicators of mistrust or low hopes in marriage. However, creating a prenuptial agreement is actually a smart and financial decision. A prenup clarifies your financial rights and obligations, provides debt protection, and regulates property rights before you get married. It can also help you avoid a long and painful divorce process. You want to make sure that your prenuptial agreement addresses the things that are important to you and your future spouse. It is also important that you and your future spouse express your desires with clear and easy-to-understand words. Clear wording will help you avoid litigation in the future when the terms of the agreement come into play. Therefore, do not hire anyone who has no experience in preparing this type of agreements, and please, please do not do it yourself with a form on the Internet (yes, I have seen them too). I know it`s not fun to add a «prenuptial deal» to your wedding budget if you`d rather use that money for flowers or a Belgian waffle bar. However, hiring an experienced divorce lawyer to write a prenup is money well spent. This can save you thousands if the wedding doesn`t work. A lawyer can also help you meet certain state requirements for prenuptial agreements.
For example, a lawyer can make sure you sign the prenup before the wedding. There is a lot to consider in the months leading up to the wedding, and a lawyer can make sure your prenup complies with state law. Be sure to cover all your bases by choosing a qualified family law lawyer for your prenuptial agreement to help you make the smartest decisions. At Bed Carrasco PLLC, our dedicated family law lawyer has the experience and qualifications you are looking for and is passionate about protecting your best interests. Here are some common reasons why you may want to make a prenup: When creating your prenup, make sure it meets the reasonable needs of the dependent spouse in the marriage. You can transfer property or alimony depending on the duration of the marriage. You can also specify a period after which the contract or certain provisions end. If you want to use a prenuptial agreement, present it well before the wedding date – no less than 60 days before. Not only is this a safer legal step, but it also gives you and your fiancé time to make sure you`re comfortable with the deal – and comfortable with marriage. The first step to creating a florida marriage contract is to define your goals. Florida`s prenuptial agreements are written for many reasons — taking death into account, to protect interests in a family business in the event of an unhappy divorce, to regulate conduct during marriage, or to ensure that children from previous marriages are properly cared for.
Finding a lawyer for the marriage contract follows the same process as finding another type of lawyer, as it is best to use local resources such as the state or local bar association, which lists matrimonial lawyers, matrimonial lawyers, and other legal staff by field of activity. You can also ask your marriage therapist for recommendations. As legal counsel, we can only represent one party, even in consensual circumstances. We strongly recommend that your future spouse hire his or her own lawyer to represent him or her in the execution of the marriage contract. This is a crucial step that will make this marriage contract much more enforceable in the future. Any future judge will see that your future spouse had legal representation and that, therefore, the agreement was not concluded «excessively» or under «coercion». If your future spouse cannot afford to pay for a lawyer, we recommend that you provide them with funds for this purpose, but it is important that they contact a lawyer themselves. Therefore, when hiring a prenup lawyer, it often makes sense to call several lawyers active in family law and ask them if they have experience in dealing with marriage contracts. Most importantly, describing how you want to divide your property and approach spousal support now that you get along well is a great way to save time, money, and emotions if you don`t.
In other words, it does the financial work of a divorce on the front-end, so the back-end is fast, smooth and cheap. And who better to help you do this than hire a divorce lawyer who knows how to write a prenup to protect you from what could happen in the event of a divorce? If a prenup is declared invalid or found unenforceable by a court, Texas constitutional law will prevail over the terms of the prenup to determine how the property will be divided, who has rights to certain matrimonial property, whether and to what extent support will be provided, and everything discussed in the invalid prenup. I was worried about that. I understand. People see divorce lawyers as the fake men of marriage. And who wants to think about death at the birth of a marriage? While I don`t wear all the black (well, sometimes) or wear a sickle, my fellow divorce lawyers and I spend a lot of time caring for people when their marriage ends and their families fall apart. And that`s exactly why a divorce lawyer should write your prenup. A well-written prenup lists all the assets and liabilities that each party has at the time of marriage. The agreement then determines how they allocate the assets or debts that were held before or during the marriage. Usually, everything you own before marriage is excluded from division.
This means you don`t have to share it with your spouse if you get divorced. Technically, anyone can write a prenup, but Florida courts won`t just recognize and enforce any prenuptial agreement. It must meet certain criteria. .