17 abr What Kind of Lawyer for Prenup
Do you think you don`t need a prenuptial agreement because you don`t have a substantial fortune to protect and besides, you will never divorce and a prenup would only spoil the romance and make your marriage go wrong? The truth is that a marriage contract is a smart decision for almost everyone. And far from spoiling the mood, getting a prenup can set the stage for a wedding based on trust, security, and peace of mind. A Houston family law attorney at maria S. Lowry`s law firm is available to answer your questions about prenuptial agreements, decide with you and your spouse what terms should be included, and draft a strong and achievable prenuptial agreement that is valid and enforceable under Texas law. The purpose of a prenup is to describe how you want your assets and debts to be divided in case your marriage is divorced. By signing your prenup, you say, I know how a court would divide our property if we divorced, but we agree to do it differently, which may or may not be how a court would decide. Below, we`ll discuss each of these points in more detail and how you can make sure your Florida prenup protects your property, assets, and family. A marriage contract or prenuptial contract is a contract entered into by two people who plan to marry. After signature by both parties, the agreement comes into force with the marriage. A marriage contract governs the affairs between the couple in the event of divorce or the death of one of the spouses. Most often, the marriage contract deals with property issues, e.B. what specific assets a spouse can receive in the event of divorce and whether and how much the spouse`s allowance (alimony) is paid and for how long. A prenuptial agreement may also deal with matters related to succession, such as the .
B the drafting of a will or the purchase of a life insurance policy, or the determination of a spouse`s ability to claim an elective share of the estate. A prenuptial agreement can be adjusted to cover almost any topic of interest to the couple, although they cannot decide in advance on matters related to custody or child support. As legal counsel, we can only represent one party, even in consensual circumstances. We strongly recommend that your future spouse hire his or her own lawyer to represent him or her in the execution of the marriage contract. This is a crucial step that will make this marriage contract much more enforceable in the future. Any future judge will see that your future spouse had legal representation and that, therefore, the agreement was not concluded “excessively” or under “coercion”. If your future spouse cannot afford to pay for a lawyer, we recommend that you provide them with funds for this purpose, but it is important that they contact a lawyer themselves. Fortunately, more and more couples are seeing the benefits of signing prenuptial agreements.
In fact, lawyers are seeing an increase in prenups, especially among millennials. I think one of the reasons for this is that people get married later in life. Often, when these parts walk down the aisle, one or both already own a home and/or have large retirement accounts. As a result, these millennials, like a two-year-old and their favorite toy, don`t want to share their hard-earned fortune if marriage doesn`t work. This provision can protect you from charging large amounts of attorneys` fees in the future if the other party challenges and loses the prenuptial agreement in court. It can also deter the other party from going to court. You may be wondering who will have access to all these sensitive and personal documents? Please note that sensitive and personal information will not be included or associated with the marriage contract. They will only be presented to your future spouse, their legal advisor, tax advisors and/or your investment advisors under the signature of a notary. Once they have reviewed all the documents listed above, you have certainly made “fair and reasonable disclosure of ownership or financial obligations” and your prenuptial agreement will be applied more easily in the future. Chapter 61.079(7)(a) of Florida Law explicitly provides three conditions under which a marriage contract is unenforceable: Knowing divorce law is the key to knowing how to draft a prenup. Couples entering into marriage can enter into a marriage contract that provides for a contractual agreement on how assets are divided in the event of divorce.
Most importantly, describing how you want to divide your property and approach spousal support now that you get along well is a great way to save time, money, and emotions if you don`t. In other words, it does the financial work of a divorce on the front-end, so the back-end is fast, smooth and cheap. And who better to help you do this than hire a divorce lawyer who knows how to write a prenup to protect you from what could happen in the event of a divorce? The closer the marriage contract is signed on the day of the wedding, the more likely it is that a judge will say it was signed under “duress.” Conversely, the longer there is between the performance of the contract and the marriage, the more likely it is that it will be confirmed by the court. We recommend that you conclude the marriage contract at least one month before the wedding and for at least two weeks. I was worried about that. I understand. People see divorce lawyers as the fake men of marriage. And who wants to think about death at the birth of a marriage? While I don`t wear all the black (well, sometimes) or wear a sickle, my fellow divorce lawyers and I spend a lot of time caring for people when their marriage ends and their families fall apart. And that`s exactly why a divorce lawyer should write your prenup. Before meeting with a prenup lawyer, couples should have a clear understanding of what to include in the agreement. Creating an overview of conditions is an effective way to reach a fair agreement. Each party should also report its income and assets in full, respecting the requirement that each party has fully disclosed its finances.
Technically, anyone can write a prenup, but Florida courts won`t just recognize and enforce any prenuptial agreement. It must meet certain criteria. The last thing you want after the difficult event of divorce is to then discover that the Florida Pre-Nup designed to protect your assets and family is unenforceable. Maybe you or your family have fears – when the unfortunate divorce happens, will your children be protected by former partners? Will your family business be decimated? A family law and divorce lawyer in Florida can help you create the best marriage contract that suits your needs so you can count on your upcoming marriage. We recommend that you first discuss all the proposed goals of the marriage contract with your future spouse and make sure that you are in full agreement. This ensures that your future spouse voluntarily enters into the agreement and is not unpleasantly surprised by the conditions. By documenting the reasons why both parties enter into the agreement, it gives the judge insight and gives you additional credibility if that agreement is ever challenged in court. Friend: Hey, do you know anyone who could make a prenup for a friend of mine? By searching for “marriage lawyer”, “pre-employment lawyer” or “marriage contract in your area”, you can find the nearest lawyers working in this field. Often, however, a lawyer is just advertising that he practices in the broad field of the family, but that he still has experience in dealing with marriage contracts. Why you need to hire a lawyer who knows how to write a prenup. After researching the best prenup lawyer in your area, contact as many people as you want to find the one that can meet your needs.
Often, clients who want to hire a lawyer for an important task like this choose to interview multiple lawyers to get an idea of which one best suits their needs. Therefore, when hiring a prenup lawyer, it often makes sense to call several lawyers active in family law and ask them if they have experience in dealing with marriage contracts. Not all marriage contracts are the same. This is especially true for prenups prepared by lawyers who simply don`t know what they`re doing. If your prenup is not well prepared or does not contain the complete list of assets to be excluded from the division, it may be invalidated. This would result in lengthy legal proceedings and costs, exactly the result you wanted to avoid in the first place by entering into such an agreement!!! After choosing a marriage lawyer to proceed, he or she will meet with you and your fiancé to discuss your expectations of the prenup and review all your assets in order to reach a preliminary agreement. .