Prenuptial Agreement Attorney in New Port Richey
Protect Your Marriage with a Premarital Arrangement
Many engaged couples consider prenuptial agreements to be unromantic as if you are planning for the demise of your marriage before it even begins. However, a premarital arrangement can actually safeguard your marriage and protect the rights of both parties.
There are many reasons to consider a prenuptial agreement:
- One or both spouses are bringing a large number of assets into the marriage
- One or both of you are professionals with high earning potential
- One party was previously married and needs to hold specific assets aside
- You have concerns about inheritance rights you want to address
A prenuptial contract can also help you ensure that the marriage is about the relationship rather than being about money. When you settle money and property issues in advance, both of you are free to focus on the relationship.
Creating a prenuptial agreement that holds up in court requires help from a skilled New Port Richey family law attorney. Contact Dale L. Bernstein, Chartered Law Office today at (727) 312-1112 for an appointment!
Can a Prenuptial Agreement be Overturned?
During a divorce, there is often conflict about whether the court should uphold the prenuptial agreement. If one party benefits from the arrangement, they will fight to keep it in place. One spouse may be unhappy with the asset division or alimony solution, so they fight to overturn it.
The court should uphold a prenuptial agreement that you have drafted properly. If both parties had their own legal representation, everyone fully disclosed their assets and earning potential, and neither side suffered coercion, the document is generally considered valid.
If there was fraud or misrepresentation, the court might find the arrangement invalid. The courts may also overturn a premarital contract if one party threatened or intimidated the other into signing. The court will not overturn a prenuptial agreement due to one or the other spouse's preference, or just because one spouse is now unhappy with the outcome.
What to Include in a Prenuptial Agreement
A prenuptial agreement cannot include anything that involves your children. If you try to include these items, it can potentially invalidate the agreement, rendering it entirely unenforceable. Keep in mind that child-related matters are based on the best interests of the children in question, which is why you must leave such issues out of this crucial legal document.
Prenuptial agreements are designed to protect one’s assets. Therefore, in the event of a divorce, property and asset division will go more smoothly.
Below are some of the items you should include:
- Distinguish the difference between marital and separate property.
- Protect yourself from your future spouse’s debts.
- If you have children from a previous relationship, you can protect their inheritance.
- Specify financial obligations during the marriage.
- Address spending and saving strategies during the marriage.
Typically, family heirlooms and such are considered separate property. However, if you have concerns about what may happen to them in a divorce, you can provide some added security for yourself by including it in your prenuptial agreement.
Contact Dale L. Bernstein, Chartered Law Office Today
To draft a strong prenuptial agreement that will stand up in court, get help from an experienced New Port Richey family lawyer. At Dale L. Bernstein, Chartered Law Office, we understand the requirements of a prenuptial contract.
To discuss your unique situation, contact us today at (727) 312-1112. We are ready to help you in all matters concerning prenuptial agreements.