In the months leading up to your wedding, or even years into a thriving marriage, you may not want to consider the necessity of a premarital or postnuptial agreement. Most people believe by doing so, they are preparing for the worst. At McIntyre Thanasides Bringgold Elliott Grimaldi Guito & Matthews, P.A., we believe signing a Florida premarital agreement, or a Florida postnuptial agreement will help you navigate the pitfalls of marriage by creating a plan to handle these issues before the going gets tough.
Premarital and postnuptial agreements are more than just roadmaps to a divorce. They deal with practical issues that you will, most likely, face at some point in your relationship, such as:
- Assigning maintenance responsibility and ownership of properties attained before the marriage, avoiding financial disputes in the future.
- Creating a plan on how you will deal with property acquired during the marriage.
- Establishing basic intentions, such as where you will reside as a couple, the right to pursue further education, and how you and your partner will support each other in career goals.
- Caregiving responsibilities for any children born from preexisting relationships.
- How you and your spouse will raise children you have together.
- Distribution of assets and insurance policies in the case of the death of you or your partner.
By sitting down and discussing these issues with an experienced lawyer, premarital and postnuptial agreements can help you maintain a healthy and supportive relationship.
However, in the event you or your spouse do file for divorce in the future, this agreement will help create a civil and amicable separation. Because Florida divorce laws call for equitable distribution, it is important to disclose all properties and assets in a premarital or postnuptial agreement. Without a premarital or postnuptial agreement, the judge will most likely distribute both marital debts and marital asseists in an equal manner, regardless of who brought what into the relationship, during the marriage.
Because of the complicated nature of Florida family laws, it is important to contact a Tampa family lawyer to help you create a legally binding agreement. Even though many couples try to prepare their own premarital and postnuptial agreements, there are pitfalls that many people are not aware of. For example, you will need the signature of an independent council. If you do not clearly waive your right to this, your agreement will not stand up in court. At McIntyre Thanasides, our attorneys will work to ensure you receive a fair agreement.
Contact us today at (813)511-4800 for a consultation. Our Tampa family lawyers are here to help you.