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Tampa Business Litigation Attorneys / Tampa Prenuptial Agreement Attorney

Tampa Prenuptial Agreement Attorney

If you are about to get married, you have a lot to think about. You have to decide who you want to attend your big day, where to go on your honeymoon, and perhaps even what you want to say in your vows. However, a marriage is also a legal arrangement between two people and as such, there are also legal issues to consider. One of these should be drafting a prenuptial agreement.

While no one wants to think about getting divorced while planning a wedding, a prenuptial agreement can provide a great deal of protection in case the marriage does not work out. Below, our Tampa prenuptial agreement attorney explains more about these documents.

Benefits of Drafting a Prenuptial Agreement

There are many benefits for couples who want to draft a prenuptial agreement. These include:

  • Ensuring you have the same goals: When it comes to handling money, people sometimes have different goals and strategies. For example, if you are a saver but your partner is a spender, it is a good idea to discuss these concerns while drafting a prenup. It can also provide you with protection from your partner’s creditors.
  • Take the emotion out of it: Divorce is a very emotional ordeal. Drafting a prenup allows you and your partner to make logical and reasonable decisions about dividing your finances in the event you break up. This can greatly reduce the stress during divorce and ensure you are both treated fairly.
  • Protect children from a previous relationship: If you have children from a previous relationship, their lives will be affected by the decisions your current partner makes. By drafting a prenuptial agreement, you can make sure they are protected and make decisions for them regarding life insurance policies and more to ensure they are cared for.

Are Prenups Enforceable in Court?

Generally speaking, the Florida courts do uphold prenuptial agreements because they are viewed as legally binding contracts. To enforce a prenup, they must meet state requirements and be properly executed. For example, if one party hid assets while drafting the prenup, a court may strike the entire document down and deem it null and void.

To enforce a prenup, it must also only include certain provisions. Prenups are mainly to determine how finances are handled in the event of divorce. As such, a prenup will mainly determine how property will be divided and if either party is entitled to alimony. If a prenup includes support for children, the court will likely not enforce this provision. This is due to the fact that child support is the right of the child, not either parent. As such, parents cannot waive the right to child support or stipulate how much one will pay.

Our Prenuptial Agreement Attorney in Tampa Can Ensure Your Document is Enforceable

Drafting a prenuptial agreement may not be the most romantic part of planning for a wedding and marriage, but it is just as important as any other.  At BBDG Law, our Tampa prenuptial agreement attorney can draft your document, ensure it is properly executed, and make sure it is upheld in court. Call us now at (813) 221-3759 or fill out our online form to schedule a consultation with our experienced attorney.