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Prenuptial Agreements and Premarital Agreements (Prenups)
What is a Prenuptial Agreement (a prenup)?
A prenuptial agreement (also known as a "prenup" , "prenup agreement", "antenuptial agreement", or "premarital agreement" is really just a contract between two parties that is entered into prior to marriage (or civil union) that typically governs the division of property and providing of spousal support in the event of a dissolution of the marriage (or civil union).
Do I really need a Prenuptial Agreement?
Unfortunately, there is no real answer to this question. And, oftentimes, the correct answer arrives only once it is too late - after a lengthy and costly divorce litigation has occurred.
Our Tampa prenup attorneys encourage all prospective couples to at least consider signing a premarital agreement.
Do I need an Attorney to Prepare My Prenup?
Prospective clients often wonder why they shouldn't just download a prenup agreement off the internet, sign it and be done with it.
The answer is simple. When you desire to have your prospective spouse sign a prenuptial agreement, the most important factor that you should be concerned with is making sure that the prenup will be enforced by the court if you ever have to rely upon it in the event of a divorce.
The Uniform Premarital Agreement Act
Section 61.079 of the Florida Statutes is defined as the "Uniform Premarital Agreement Act" and governs the entry into prenuptial agreements in the state of Florida.
The Act, while not overly extensive in length, has far reaching ramifications if not properly followed.
Aren't Prenups Just for Wealthy People?
When most people think about prenuptial agreements, they often think that such arrangements are only necessary for rich, famous and wealthy people - for celebrities like Donald Trump who wrote in his book Trump: How to Get Rich that "We needed a bus to get Ivana's lawyers to court. It was a disaster, but I had a solid prenup, and it held up."
However, prenups aren't just for wealthy people.
What do Prenups Protect Against?
People oftentimes think that, aside from spousal support (alimony) prenuptial agreements only govern the division of assets (stocks, bonds, bank accounts, houses, cars, real estate, etc.) that a person has accumulated prior to entering the marriage.
While this is true - it is only part of the equation.
Top Five Reasons to get a Prenuptial Agreement
Our experience as Tampa prenup attorneys have shown that the top five reasons that an individual enters into a prenuptial agreement with its prospective spouse are:
(1) One (or both) of the parties has a significant amount or number of assets going into the marriage that it desires to protect against losing in the event of a dissolution of the marriage;
Steps to Take to Enter into a Prenup
Entering into a prenuptial or premarital agreement takes several steps. The level of cooperation that our Tampa prenup attorneys receive from you oftentimes determines the amount of time it takes to get the agreement prepared, reviewed and ultimately signed.
Our Tampa prenup attorneys require that all clients complete an initial client intake questionnaire.
If you are in need of a Tampa prenuptial agreement attorney, Tampa prenuptial lawyer or Tampa prenup attorney to prepare, review or negotiate your prenuptial agreement, please feel free to contact us at any time.