When it comes to drafting a pre and post nuptial agreement Tampa FL couples may want to hire a lawyer. These legal documents can protect parties from losing money or property assets in the event of a separation or divorce. The McKinney Law Group has lawyers who understand what a Tampa pre and post nuptial agreement can do for individuals. If you would like to know more, we encourage you to call us at 813-906-0048 for a complimentary consultation.
Pre and Post Nuptial Agreement Tampa FL
Proper financial planning requires that people take their time to carefully consider and make smart decisions about their assets. For some couples, particularly before or after marriage, financial planning includes coming to an agreement about their individual and shared assets, debts, and fiscal obligations. With a pre and post nuptial agreement Tampa FL residents can feel confident in knowing the chances of future disagreements in this area are reduced or eliminated.
A prenuptial agreement is made before a marriage takes place. It’s considered to be a legal contract between two parties and ensures that both have a clear understanding of the division of debt and assets in the event of a death or divorce. The terms can vary and are generally dependent upon one or both of the couple’s wishes. A prenup can also specify how items owned before a marriage are divided after a split, or who will pay the bills during the marriage. If you wish to know more about a pre and post nuptial agreement Tampa FL lawyers from The McKinney Law Group can meet with you and address your concerns and questions.
Postnuptial agreements are also a legal contract and are intended to help resolve marital or financial problems that might arise during a marriage. It can cover current and prospective debts, the ownership of assets, and mundane issues such as monthly budgets and daily concerns. A postnup can even cover how much time is acceptable for a spouse to spend on a hobby or hanging out with friends. The legal agreement can exclude business debt in a divorce proceeding, but it cannot exclude the issue of child support. When it comes to a pre and post nuptial agreement Tampa FL law firms are one of the best resources to learn more information about choices for legal protection.
Make Sure Your Pre and Post Nuptial Agreements are in Writing
In the beginning, spouses might make an oral agreement about assets and other matters. This will generally not hold up in a court of law which is why you should put it in writing and have it legally authenticated by a lawyer. By doing so, the terms become clear and enforceable. It also helps both parties to understand what is expected of one another should any dispute arise.
Items You Can Include in a Prenuptial Agreements
If you and your fiancé are considering writing up a prenuptial agreement, there are several dos and don’ts you need to be aware of before setting pen to paper. It is important to work with an experienced family law attorney such as The McKinney Law Group to assist you in writing up a pre and post nuptial agreement Tampa FL couples trust that is satisfactory for all parties.
It’s not pleasant to talk about the possibility of divorce even before you’re married. The fact is, with the high percentage of marriages failing, a pre and post nuptial agreement in Tampa FL can set specific terms in place in the event your marriage becomes yet another statistic.
Information that can be included in prenuptial agreements
Make a distinction between marital and separate property
Check with your family law attorney to see the specifics in your state as to what constitutes marital property and separate property. Marital property is known in some states as community property. If one of you dies or you get divorced, the court separates all the marital property in accordance with the state laws. If you want to avoid having the court decide the fate of the property accumulated during your marriage, create a pre and post nuptial agreement in Tampa FL.
Protects from the debts of the other spouse
If you do not have a prenuptial agreement, creditors can try to collect debt from the marital property — even though the debt was not created by both partners. This can be avoided by limiting your debt liability as part of the verbiage in the prenup agreement.
Children from previous relationships are provided for
Use a prenup to ensure that children from a previous relationship still inherit a portion of your property.
Family property is kept in the family
Specify anything you want to stay in your family in the prenup agreement. This may include a family heirloom, a future inheritance, family-run business or a piece of property that you want to remain with your birth family.
Estate plan protection
You should be sure to create a will and living trust in addition to the prenuptial agreement to ensure that your estate is distributed in the manner you request.
Listed below are particular items frequently used in pre and post nuptial agreement in Tampa FL
- Retirement benefits
- Separate businesses
- Contributions to savings
- In case of death, distribution of life insurance to survivor
- Tax return implications, including income, deductions and filing status
- Household expense and bill management
- Oversee credit card payment and spending
- Management of any joint bank accounts
- Management of major purchases or projects, such as a home or business
- Additional education advisement and management costs
Having a prenuptial agreement can be advantageous for both partners, putting issues out there concerning the relationship and marriage even before specific situations arise. The family law attorneys at The McKinney Law Group can work with you to create a prenuptial agreement that is fair and thorough. The McKinney Law Group will review the document extensively before you sign to make sure the information is correct and does not contain anything that could be costly to you or your partner at a later date. A solid pre and post nuptial agreement Tampa FL couples rely on can eliminate a lot of unnecessary stress and arguing there come a time when it actually needs to be put in place.
Get a Pre and Post Nuptial Agreement in Tampa FL
A family law firm might be an ideal option for a pre or postnuptial agreement. The laws encompassing both legal contracts are complex. Without a lawyer, future obstacles might arise during court hearings and other litigation. If you would like to know more about a pre and post nuptial agreement Tampa FL men and women should contact The McKinney Law Group.