Prenuptial Agreements Aren’t Only for the Wealthy
Prenuptial agreements are exactly the thing that you would expect from high society or celebrity. With millions of assets between the couple, it is rightfully expected for the couple to want to protect their individual assets in case the marriage does not work later on.
However, did you know that this arrangement is not only beneficial for the rich? Even if you don’t have several extra digits sitting in your bank account, getting a prenuptial agreement still stands as a viable legal option for your protection.
While some people think that nothing kills romance faster than the thought of having to sign a prenup before the wedding, you can instead think of it as a form of insurance policy. It’s not something that you’re necessarily looking forward to, but it’s good to have nonetheless, just in case something unanticipated happens.
With this in place, it can help save you and your Sarasota divorce mediation lawyer like Matthew Z. Martell a lot of time and effort ironing out the details of your divorce. Here are some instances that Sarasota divorce attorney Matthew Z. Martell would recommend signing a prenup before the big day.
Premarital Debts and Obligations
It is never really comfortable to kick off any relationship appraising how much debt the other party has. But more or less, you should have an idea of your partner’s financial standing, especially because all assets and properties obtained or incurred upon marriage will be considered joint marital property. To relieve yourself of the trouble of having to deal with debt that has got nothing to do with you in the first place, prenuptial agreements put together by Sarasota divorce lawyer Matthew Z. Martell can help keep you protected from it.
If you are in the position of owning or potentially inheriting a family business, hire Sarasota family law lawyer Matthew Z. Martell and have a prenuptial agreement drawn up. This particular asset is something that you would want to keep protected in case of a divorce. Otherwise, your soon-to-be-ex-spouse might be able to lay claim to it as part of your marital assets, even though it is an asset derived from your immediate family ties.
It’s possible that your net worth may drastically improve over the years, especially if you have a licensed profession such as a doctor, dentist, lawyer, accountant, engineer, architect, or nurse. This net worth is certainly going to be an asset that could be a point of contention in a divorce proceeding. Therefore, it would be ideal to seek out the help of a divorce attorney in Sarasota like Matthew Martell for you to determine what is the best course of action to take when preparing prenuptial agreements.
How to Create a Prenup in Florida
The main issue that needs to be determined is whether or not the legal document that you come up with is actually going to be recognized by the court as sufficient enough to enforce it as stated. To create an enforceable prenup, make sure that it is signed well ahead of the wedding date. Timing matters, because the judge might rule that there was duress involved if the document is signed close to the wedding date. The earlier it is signed, the better it is, because it means the couple had sufficient time to think about whether or not they should sign it and/or have it reviewed by a lawyer of his or her own choice.
If there are existing children involved in the marriage of the couple, then they should also be properly identified in the document, as well as their dependency status. Make sure to also note prospective heirs and beneficiaries, and also any prospective inheritance–such as businesses or real estate property–from immediate family members.
How a Sarasota Divorce Lawyer Can Help
A divorce lawyer in Sarasota, such as the one at Law Offices of Matthew Z. Martell, P.A. can help would-be married couples work out the stipulations and other specifics terms and conditions of their prenuptial agreement. The clearer the clauses and conditions are, the easier divorce proceedings will go later on if you make the decision to dissolve the marriage.