Is There a “Standard” Prenup?
On occasion, people will contact our Tampa, Florida, legal offices and ask if we can prepare a “standard” prenup agreement. The implication may be that they don’t need anything elaborate, or they don’t want to overspend.
These sentiments are understandable. The short answer is that there are no such things as standard prenups.That doesn’t mean they have to be overly complex or expensive to prepare. You do want to make sure they are legal and binding, however.
While all 50 states recognize the agreements, regulations regarding them, divorces, and family law vary from state to state. This could make what is permissible in one state invalid in another. But this is just one reason there is no such thing as a standard prenuptial agreement. There are other reasons as well.
Every couple has their own circumstances. Their pre-marriage personal net worths can vary tremendously, or one may carry a significant amount of debt. A custom-crafted prenup can account for how assets and liabilities are treated should a divorce occur.
One party may have an inheritance, or one may be anticipated in the future. Again, a specifically designed prenup can account for that.
If there are large differences in personal earnings, alimony paid to one party or the other may be relevant. A prenup can address that in advance as well.
The fact is that while there is no such thing as a “standard” prenup, there are common issues a prenup can address. They normally address some financial issue or determine which party gets certain assets. It could even specify who gets the pet dog.
So while a custom prenup can address particular financial areas of concern, it does have its limitations. A prenup in Florida, for example, cannot determine child support or other issues involving future children.
Although there may be no such thing as a standard prenup, some prenups are less complicated and easier to execute than others. Young couples with few debts and assets and similar incomes can be relatively simple and straightforward. Couples with significant assets or where one partner may have ownership in a business can be more complex.
Whether yours is an uncomplicated prenup agreement or one that should address more complex issues, we can help. Getting more information is as easy as contacting our office for a free initial consultation. This is your opportunity to learn more and to get the answers to your questions regarding prenup and even postnup agreements. As a full-service family law firm licensed to practice in Florida, we can also address child custody and high-asset divorce cases.
We are pleased to serve those in the Hillsborough and Gulf Coast areas of Florida from our Tampa offices. Reach out to us and discover why more and more couples are turning to us prior to marriage.
If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law in Tampa, Florida such as high asset divorce you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at email@example.com.
We now offer virtual prenuptial agreements. Contact us to inquire further about our virtual prenup option.