Why Inexperienced Prenup Attorneys Can be Costly
If you have made the decision to get a prenuptial agreement, congratulations. You have made a common-sense, logical decision and have joined a growing number of newlyweds taking this step.
The decision can turn south, however, if the attorney who prepares your prenup is inexperienced or unaware of the nuances of prenups in Florida. The bottom line is choosing an attorney with little experience in preparing prenups can be costly. Here’s why.
It May Not Protect Your Assets
An attorney who hasn’t prepared many prenups may not know what assets may be legally protected. They may miss sizable assets like inheritances or retirement accounts. They should fully understand the difference between premarital and marital assets and how they can be protected.
It May Be Unenforceable in Florida
Every state has its own laws governing prenup agreements and what is and isn’t enforceable. You potentially could be paying for a prenuptial agreement with provisions that may not be valid in the state.
It Could Help Facilitate Alimony
A well-crafted prenup agreement could include provisions for alimony should a dissolution occur. This can be very valuable and help facilitate a smoother divorce. An attorney inexperienced in prenuptial agreements may not include such a provision, causing added legal expenses in the divorce proceedings.
A Prenup Should be Prepared Under Appropriate Circumstances
A prenup could be deemed invalid if it can be shown that one party or the other was under duress, assets were hidden, or didn’t have proper legal representation. Some inexperienced attorneys may focus on the wrong aspects of a prenup. They may be too focused on “winning”. An experienced prenup attorney will ensure an agreement is prepared without coercion or duress and parties understand what is and isn’t included.
It may not be easy to justify the cost of a prenuptial agreement, especially when preparing for a wedding. So when you make the decision to get one, make sure the attorney is licensed in Florida and experienced with family law and in the preparation of prenup agreements.
This is one of the reasons we are pleased to offer a no-cost, no-obligation initial consultation regarding prenup and even postnup agreements. We are here to answer your questions and make sure you are headed in the right direction.
There are a lot of misperceptions about prenup agreements. Get the truth. Choose an experienced Tampa, Florida, prenup attorney. We look forward to assisting you.
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 protected].
We now offer online prenuptial agreements. Contact us to inquire further about our online prenup option.