While no one enters a marital union with the intention of divorcing, it is still essential to see that your rights are protected if the future takes an unforeseen turn. Even if you never have to face this reality, nothing can equal the peace of mind that comes from knowing that your best interests and your pre-marital assets are preserved.
A Pembroke Pines marital agreement lawyer can answer your questions if you are considering making one of these contracts. An experienced family attorney can provide the guidance you require to ensure that your agreement addresses all points of concern while meeting the state’s requirements for it to be enforced.
Types of Marital Agreements
There are a few different types of marital agreements that a Pembroke Pines attorney can help a person write, review, and enforce. The two primary kinds are prenuptial agreements and postnuptial agreements. The main difference between prenups and postnups is the point at which they are written and take effect.
A prenuptial agreement is created before the marriage takes place, while a couple may decide to execute a postnuptial agreement after the wedding has already occurred. Sometimes this is because the couple did not get around to making a prenup before the wedding or they did not believe at the time that they needed one. In other cases, they may decide to craft a postnup if they have a disagreement or serious concerns about certain property.
There are a few requirements that a prenuptial or postnuptial agreement must satisfy to be considered legally enforceable. First and foremost, both parties must consent to signing the agreement, without compulsion or harassment, and of their own free will. Both types of marital agreements must be entered in writing and signed by each party. The failure of either party to properly list out the extent of their financial assets and commitments could result in it later being thrown out by the court. A Pembroke Pines lawyer works with a person to confirm a marital agreement covers all aspects of a couple’s assets.
Reasons to Execute a Marital Agreement
There are many compelling reasons to retain an attorney who can assist with executing a complete and binding marital agreement. For one thing, a marital agreement can address many issues if the couple ever finds themselves seeking a divorce.
For example, a marital agreement could cover the division of marital property from the separate property in the event of divorce; and identify any other assets or liabilities that might involve both spouses. Assets could include any homes or businesses owned jointly or solely by either party, as well as clothing, furniture, boats, cars, real estate, and other tangible assets. Rights to intangible assets like financial accounts, stocks, bonds, and other investments could also be outlined in the marital agreement. Likewise, a Pembroke Pines marital agreements lawyer could have it address the obligation of either party to receive or to pay out alimony and the distribution of financial interests like retirement assets if the marriage dissolves.
Speak with a Pembroke Pines Marital Agreement Attorney Today
Although you may never need to use your marital agreement in the future, you could risk leaving your rights and critical assets fully exposed without the necessary protection. A Pembroke Pines marital agreement lawyer can handle your case with the sensitivity and advocacy it deserves.
If you have questions about creating a prenuptial or postnuptial agreement, you should assess your best legal options with the team from The Florida Probate & Family Law Firm. Call us now and set up your free consultation.