What Is a Prenuptial Agreement (Prenup)?
A prenuptial agreement, also referred to as a “prenup,” is a legally binding contract between two people who are about to marry. The purpose of the document is to provide clarity and protection for both parties in the event of divorce. While it may seem unromantic to discuss such issues before marriage, a prenuptial agreement can be an important tool in protecting your interests and those of your future spouse.
If you are considering creating a prenuptial agreement before your wedding day, do not hesitate to contact Carman, Bevington & Finegan, P.A., for help. Our Brandon, FL, family law attorneys can help you create an enforceable prenup that meets your unique needs and goals.
What Does a Prenup Do?
A prenuptial agreement typically outlines how assets, debts, and other financial matters will be handled if the couple divorces. It might include provisions for how much alimony one person will receive in the event of a divorce and can also clarify each person’s financial rights during the marriage. Additionally, it can protect inherited property or separate property from prior marriages that you want to pass on to your children should you divorce. It can even help couples avoid arguments over money if their marriage ends.
By outlining expectations ahead of time regarding assets, debts, and other financial matters should the union end prematurely due to divorce or death, both parties can ensure that they receive fair treatment while protecting their personal interests.
What Does a Prenuptial Agreement Contain?
The contents of a prenup can vary greatly depending on individual circumstances and needs. Generally speaking, some common topics covered by these agreements include:
- spousal support (alimony or maintenance);
- division of property upon divorce or death (without a prenup, the couple’s marital property is divided in an equitable manner pursuant to Florida Statutes § 61.075);
- ownership of real estate or other valuable property (such as art collections or jewelry);
- debt responsibility (who pays what); and
- any other details related to financial obligations during the marriage and after separation.
One of the many advantages of having a prenuptial agreement is that it can provide protection from your spouse’s debts after you marry them. Without one, creditors may attempt to collect from both spouses – including those incurred before the marriage – regardless of which partner accrued them originally. With a proper document in place outlining who is responsible for paying what debt during the course of the relationship – or after its dissolution – you could be protected from taking on unexpected liabilities in your new union.
Contact Carman, Bevington & Finegan, P.A., for Legal Counsel in Brandon FL
While entering into a prenuptial agreement is not something most couples look forward to when planning their wedding day, it is an important tool for protecting yourself financially during and after marriage. Creating a prenup can be one of the best decisions you make before getting married in case things don’t work out as planned down the road.
If you are considering creating a prenup, contact our family law attorneys at Carman, Bevington & Finegan, P.A., to discuss your options when it comes to creating an enforceable prenuptial agreement that works best for you and your loved one. Call 813-305-0682 to request a free consultation with our skilled and knowledgeable attorneys.