Understanding Prenuptial Agreements

Prenuptial and Cohabitation Agreements

Our Tampa, FL divorce lawyer is available for those who desire a prenuptial or cohabitation agreement. Since 2012, Super Lawyers continues to name Damien McKinney a rising star, and he works hard to maintain his growing reputation. As a divorce attorney in Tampa FL, Damien is well suited to help individuals protect their rights prior to entering into a partnership that will hopefully last forever, but may not.

When couples enter into holy matrimony or into a cohabitation arrangement, they intend it to last forever. Sadly, all too often this is not the case and the resulting financial issues can wreak havoc. When a partner enters into the relationship they may have assets that need to be protected before marriage or formal cohabitation. Each situation is unique, which is why it’s important to discuss the details with Damien McKinney, who can advise you on your legal options. Call The McKinney Law Group at 813-906-0048 to schedule a free and confidential consultation. The following general information may answer some of your questions about prenuptial and cohabitation agreements.

What are prenuptial and cohabitation agreements?

Both types of agreements are intended to preserve and protect the rights of two individuals prior to getting married or moving in together. Usually the document specifies how assets will be divided if the relationship ends. In addition to assets, other important arrangements such as spousal support may be specified depending on the individuals involved.

  • A prenuptial agreement is one that is agreed to between two people prior to getting married. Many couples hire a divorce attorney Tampa FL relies on to draft a prenuptial because it offers the following advantages:
    • This type of agreement is governed by family law.
    • Upon the passing of one of the spouses, a prenuptial agreement can help reduce or eliminate federal estate taxes on assets inherited by the surviving spouse as well as the children. A divorce attorney Tampa FL offers can provide more information about these tax advantages.
    • The surviving spouse can be protected and provided for financially with a prenuptial agreement in place. A trusted divorce attorney Tampa FL turns to can draft a legally binding agreement accordingly.
    • A Tampa divorce attorney can use a prenuptial agreement to specify the desires of a partner for how they wish their estate assets should be divided and distributed after their passing.
  • A cohabitation agreement is one that is agreed to between two people prior to moving into the same dwelling.
    • This type of agreement is governed by contract law.
    • Cohabitation agreements cannot legally specify child custody arrangements or other issues pertaining to children.
    • Unmarried couples, particularly those who reside in states that do not recognize common law marriage, can use a cohabitation agreement in lieu of a prenuptial.

Many people often get married without worrying about the legal consequences. This can increase the risk of a legal dilemma in the future, such as dissolution of marriage. A prenuptial agreement can be a legal alternative for couples who desire to get married, but would like to have legal protection in place. Postnuptial agreements are willingly drawn after a marriage. Similar to a prenuptial, it can ease any apprehensions over assets and capital distribution in the event that something happens to the marriage. If a divorce is initiated, the postnuptial agreement dictates what happens with assets, personal belongings, and other capital the individuals may own. To get your questions answered, contact a divorce attorney in Tampa FL at the McKinney Law Group.

Contact Our Tampa Divorce Lawyer Today

If you are going through a divorce or considering filing for divorce, our divorce lawyer can provide the professional representation that you need to navigate the process. To discuss your situation with our team, contact The McKinney Law Group today.