When you and your soon-to-be spouse are planning your wedding, one of the biggest planning tools that should be in place is a prenuptial agreement. Though you may often hear about prenuptial agreements when it comes to celebrities and the wealthy, it is common for anyone who is getting married to have one. It is important to note that this does not mean you are planning for or expecting to get a divorce. Instead, an experienced divorce attorney, like a divorce attorney in Tampa, FL, just wants you to know that you can be prepared and protect any assets you do have. A prenuptial agreement can also be used in the event that one spouse dies and wishes to leave their assets to the remaining spouse.
What is a prenuptial agreement?
Before you and your spouse get married, you should speak with an attorney about creating a prenuptial agreement. Depending on the state you are in, there will be different laws regarding the enforcement of the prenup and how it should be signed. When it comes to what is actually inside a prenup, you will find that it typically must be fair to both spouses and that each spouse should disclose what assets and debts they have coming into the parties.
Believe it or not, most experienced attorneys have worked with many clients during divorce proceedings who were quite surprised to discover that their spouse was walking away with more assets and money than they ever knew about. When you and your spouse sign a prenuptial agreement, you must come in prepared to discuss the number of assets you own. If there are certain things you do not want to share with your spouse, these are things you should discuss in the agreement and not things you should hide.
When is the right time to talk about a prenup?
It may seem like a difficult conversation to have, but discussing your intention for a prenup is a good thing. However, it can seem like a hard pill to swallow if you suddenly bring it up days before your wedding. Sit down with your partner in the months ahead of your wedding to openly discuss your intention for a prenup so that you can have an honest conversation about what you both want. Lawyers understand that this is a big conversation, but they also know that many people wish that they had a prenup as they move toward divorce.
If you are interested in creating a prenuptial agreement and want to see how an attorney can help you, contact a divorce lawyer in your area today.
Thanks to The McKinney Law Group for their insight into some of the basics of prenuptial agreements.