Making a Decision
No one entering a marriage expects it to end at some point, which is why many people have differing opinions about prenuptial agreements (or premarital agreements in Florida). These agreements basically outline each piece of property two people own when marrying as well as who has the rights to each asset should the marriage come to an end. These agreements are not necessary for everyone, so deciding whether or not to get one is dependent on if certain factors are involved in your life.
How do you know, though, if a prenup is the right move for you? Here are some key points to consider when making your decision.
Asset Ownership
Deciding if a prenup is right for you might come down to the most obvious factor: ownership of a variety of numerous assets. If you or your soon-to-be spouse own real estate, stocks, bonds, or a business, a premarital agreement may be a wise move to consider in order to better protect what is yours.
A high income might also be something to keep in mind when deciding to get a prenup. If your annual income totals over $100,000, you might be best served to get a premarital agreement in place.
Protection From Debt
Assets are not the only things to look at when determining the need for a premarital agreement. Many times in a divorce, debt accrued during the marriage can be divided or assigned in the final settlement agreement. In some cases, a couple can put debt management in a prenup in order to shield themselves from each other’s debt.
Determining Alimony In Case of Divorce
The Uniform Premarital Act Agreement sets strict rules on what must be included in a premarital agreement in order to ensure the document is fair and equitable to both parties. If a divorce would leave a spouse in a poor financial situation, then the prenup must include some form of compensation to that spouse.
If you believe that a divorce would leave you in a worse financial state than you had during the marriage, then you should consider a prenup to protect yourself.
A Manasota Attorney to Help Draft the Agreement
Perhaps the smartest step a couple can take in preparing a premarital agreement is to hire an attorney versed in drafting these types of documents and ensuring they are valid in the state of Florida. Schipani, Norman & McLain, P.A. has experience in helping couples craft prenups that are both valid and equitable for both parties and wants to help you create yours.
Call our Manasota divorce attorneys at (941) 499-8154 or visit us online to schedule a consultation with a member of our team.